Bill > HB1395

This bill streamlines the home care worker background check process by modifying regulations for screening long-term care workers who may work with vulnerable adults or children. The bill introduces several key changes: It prevents automatic disqualification for certain past criminal convictions after specified time periods have elapsed, such as selling cannabis (3 years), theft (10 years), and various assault and robbery offenses (5 years). The legislation allows individual providers and home care agency providers to work temporarily for up to 30 days while awaiting a full background check, provided they do not have automatically disqualifying convictions. Employers must now notify parents or guardians that a background check is pending and give them an opportunity to decline services. The bill also limits the frequency of required fingerprint-based background checks, typically only requiring them at initial hire, as mandated by federal law, or under specific circumstances. Additionally, the legislation clarifies definitions for various terms like "authorized entity," "character, competence, and suitability review," and establishes guidelines for how employers should handle background check results. The overall goal is to balance worker opportunities with maintaining safety for vulnerable populations by creating a more nuanced and flexible background check process.