First Regular Session
Sixty-first General Assembly
LLS NO. 970597.01 DFH
SENATE BILL 97169
STATE OF COLORADO
BY SENATOR Pascoe;
also REPRESENTATIVE Owen.
JUDICIARY
A BILL FOR AN ACT
CONCERNING CRIMINAL BACKGROUND CHECKS FOR CARETAKERS
OF ATRISK ADULTS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires, as a condition of licensure, that personal care boarding homes and agencies that provide temporary nursing staff require every person applying for employment as a caretaker or provider of direct nursing care or personal care to atrisk adults to undergo a criminal background check. Mandates, as a condition of licensure, that such facilities or agencies also require all current employees who provide such direct care to undergo a criminal background check on or before July 1, 1998. Requires, as a condition of receiving funds as a provider of home health services under medicaid, that a home health agency require applicants for employment and current employees who provide direct home health care to undergo a criminal background check.
Specifies that a criminal background check shall
mean a written review of an individual's criminal conviction history
provided by the Colorado bureau of investigation based upon a
check of the name and birthdate of the individual. States that
the individual undergoing the background check shall pay for the
costs of the check. Directs the executive director of the department
of public safety to promulgate rules creating a procedure for
the review of a person's criminal history records by the person
who is the subject of a criminal background check.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 3 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
253110. Criminal background checks of employees and applicants who are caretakers of atrisk adults. (1) FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "ATRISK ADULT" HAS THE SAME MEANING AS DEFINED IN SECTION 263.1101 (1), C.R.S.
(b) "CRIMINAL BACKGROUND CHECK" MEANS A WRITTEN REVIEW OF AN INDIVIDUAL'S CRIMINAL CONVICTION HISTORY PROVIDED BY THE COLORADO BUREAU OF INVESTIGATION BASED UPON A CHECK OF THE NAME AND BIRTHDATE OF THE INDIVIDUAL.
(2) AS A CONDITION OF LICENSURE PURSUANT TO SECTION 251107 (1) (l) (I) AND THIS ARTICLE, THE FOLLOWING FACILITIES SHALL REQUIRE EVERY PERSON APPLYING FOR EMPLOYMENT AS A CARETAKER OR PROVIDER OF DIRECT NURSING CARE OR PERSONAL CARE TO ATRISK ADULTS TO UNDERGO A CRIMINAL BACKGROUND CHECK:
(a) A PERSONAL CARE BOARDING HOME;
(b) ANY BUSINESS OR AGENCY THAT PROVIDES TEMPORARY NURSING CARE SERVICES OR THAT PROVIDES PERSONNEL WHO PROVIDE SUCH SERVICES.
(3) A PERSON WHO HAS HAD A CRIMINAL BACKGROUND CHECK WITHIN TWO YEARS PRIOR TO APPLYING FOR EMPLOYMENT WITH A FACILITY OR AGENCY THAT IS SUBJECT TO THE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION SHALL BE REQUIRED TO SUBMIT TO THE FACILITY OR AGENCY THE RESULTS OF SUCH BACKGROUND CHECK, BUT SHALL NOT BE REQUIRED TO UNDERGO ANOTHER BACKGROUND CHECK.
(4) AS A CONDITION OF LICENSURE, FACILITIES THAT ARE SUBJECT TO THE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION SHALL ALSO REQUIRE EVERY EMPLOYEE HIRED PRIOR TO JULY 1, 1997, WHO PROVIDES DIRECT NURSING CARE OR PERSONAL CARE TO ATRISK ADULTS TO UNDERGO A CRIMINAL BACKGROUND CHECK ON OR BEFORE JULY 1, 1998.
(5) ALL COSTS OF OBTAINING ANY INFORMATION FROM THE COLORADO BUREAU OF INVESTIGATION SHALL BE BORNE BY THE INDIVIDUAL WHO IS THE SUBJECT OF THE BACKGROUND CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL SET THE AMOUNT OF THE FEE FOR OBTAINING A CRIMINAL BACKGROUND CHECK PURSUANT TO THIS SECTION AS AUTHORIZED BY SECTION 2472306, C.R.S.
(6) A CERTIFIED NURSE AIDE WHO HAS COMPLETED A CRIMINAL BACKGROUND CHECK PURSUANT TO SECTION 1238.1104, C.R.S., WITHIN TWO YEARS PRIOR TO APPLYING FOR OR BEING EMPLOYED IN A NURSE AIDE POSITION MAY MEET THE REQUIREMENTS OF THIS SECTION BY SUBMITTING THE RESULTS OF THE CRIMINAL BACKGROUND CHECK CONDUCTED PURSUANT TO SECTION 1238.1104, C.R.S.
(7) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL ADOPT RULES THAT ESTABLISH PROCEDURES BY WHICH A PERSON WHO IS THE SUBJECT OF A CRIMINAL BACKGROUND CHECK CONDUCTED PURSUANT TO THIS SECTION, SECTION 2527104, OR SECTION 264409.5, C.R.S., MAY REVIEW ANY CRIMINAL HISTORY RECORDS RETRIEVED AS A RESULT OF THE CHECK. IN ADOPTING SUCH RULES, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL FOLLOW THE RECOMMENDATIONS MADE BY THE DIRECTOR OF THE COLORADO BUREAU OF INVESTIGATION.
SECTION 2. Part 4 of article 4 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
264409.5. Providers home health services criminal background checks of employees. (1) FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "ATRISK ADULT" HAS THE SAME MEANING AS DEFINED IN SECTION 263.1101 (1), C.R.S.
(b) "CRIMINAL BACKGROUND CHECK" MEANS A WRITTEN REVIEW OF AN INDIVIDUAL'S CRIMINAL CONVICTION HISTORY PROVIDED BY THE COLORADO BUREAU OF INVESTIGATION BASED UPON A CHECK OF THE NAME AND BIRTHDATE OF THE INDIVIDUAL.
(c) "HOME HEALTH CARE" MEANS BASIC HOME HEALTH CARE AND INCIDENTAL PERSONAL CARE SERVICES PROVIDED IN PRIVATE RESIDENCES TO ATRISK ADULTS BY A HOME HEALTH AGENCY CERTIFIED TO RECEIVE MEDICAID FUNDS.
(2) AS A CONDITION OF RECEIVING PAYMENTS FOR PROVIDING HOME HEALTH SERVICES UNDER THIS ARTICLE, A HOME HEALTH AGENCY SHALL REQUIRE EVERY PERSON APPLYING FOR EMPLOYMENT AS A CARETAKER OR PROVIDER OF DIRECT HOME HEALTH CARE TO ATRISK ADULTS TO UNDERGO A CRIMINAL BACKGROUND CHECK IN ACCORDANCE WITH THE REQUIREMENTS SPECIFIED IN SECTION 253110, C.R.S. IN ADDITION, A HOME HEALTH AGENCY SHALL ALSO REQUIRE EVERY EMPLOYEE HIRED PRIOR TO JULY 1, 1997, WHO PROVIDES DIRECT HOME HEALTH CARE TO ATRISK ADULTS TO UNDERGO A CRIMINAL BACKGROUND CHECK ON OR BEFORE JULY 1, 1998, IN ACCORDANCE WITH THE REQUIREMENTS SPECIFIED IN SECTION 253110, C.R.S.
(3) A PERSON WHO IS THE SUBJECT OF A CRIMINAL BACKGROUND CHECK CONDUCTED PURSUANT TO THIS SECTION MAY REQUEST A REVIEW OF THE CRIMINAL HISTORY RECORDS IN ACCORDANCE WITH THE RULES OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY PROMULGATED PURSUANT TO SECTION 253110 (7), C.R.S.
SECTION 3. 2527104 (2), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2527104. Minimum standards for personal care boarding homes rules. (2) Regulations promulgated by the state board pursuant to subsection (1) of this section shall include, as a minimum, provisions requiring the following:
(h) COMPLIANCE WITH THE REQUIREMENTS OF SECTION 253110, CONCERNING CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES AND APPLICANTS FOR EMPLOYMENT IN POSITIONS PROVIDING DIRECT NURSING CARE OR PERSONAL CARE FOR ATRISK ADULTS. SUCH RULES SHALL INCLUDE NOTICE THAT A PERSON WHO IS THE SUBJECT OF A CRIMINAL BACKGROUND CHECK CONDUCTED PURSUANT TO THIS SECTION MAY REQUEST A REVIEW OF THE CRIMINAL HISTORY RECORDS IN ACCORDANCE WITH THE RULES OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY PROMULGATED PURSUANT TO SECTION 253110 (7).
SECTION 4. Effective date. This act shall take effect July 1, 1997.
SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.