Brief (1)
HB 2700 amends one statute that relates to persons who are prohibited from being employed by an adult care home and one statute that relates to persons who are prohibited from being employed in a home health agency. In both cases an attempt to commit one of the specified crimes, conspiracy to commit one of the crimes, or criminal solicitation of any of the crimes specified in the statute is added to the listing of crimes that result in a prohibition on employment by the adult care home or home health agency.
Additionally, both statutes are amended to allow the operator of an adult care home or home health agency to be deemed in compliance with the statute if the operator receives the same or better criminal history information from a private contractor approved by the Kansas Bureau of Investigation.
Other amendments require the Secretary of Health and Environment to provide each person who requests information about a potential adult care home or home health care employee with the criminal history record information provided to the Secretary by the Kansas Bureau of Investigation regardless of whether or not the information relates to an adult conviction or juvenile adjudication that is one of the crimes that would result in prohibiting the subject of the criminal history record from being employed by an adult care home or home health agency. The Secretary is to provide such information within three business days of the receipt of the information and to provide any potential employer requesting information, in writing, within three business days after receipt of the information whether the criminal history information reveals the subject of the information has not been convicted of an offense that would result in such subject being prohibited from being employed in an adult care home or home health agency.
The House Committee amendments delete the word "unredacted" (unedited) from the bill. The Senate Committee further amended the bill to include the new crimes in the subsections of both statutes that authorize employment after five years or more following completion of the sentence imposed for the crimes listed in paragraph (2) of each statute.
The Senate Committee of the Whole amendment inserts a Section 2 in the bill that amends one of the statutes that concern the reporting by specified persons who have reasonable cause to believe a resident of an adult care home, medical care facility, a state psychiatric hospital, or state institution for the mentally retarded has been abused, neglected, exploited, is in a condition which is the result of abuse, neglect, or exploitation, or is in need of protective services. The amendment would require that when any of the persons required to report believes a resident has been sexually abused a report shall be made immediately to the Department of Health and Environment or the Department of Social and Rehabilitation Services and to a law enforcement agency. The subsection of the statute that authorizes reporting by any person, other than those mandated to report, who has reasonable cause to suspect a resident has been abused, neglected, exploited, is in a condition that is the result of abuse, neglect, or exploitation, or is in need of protective services is also amended to add reporting when such person believes a resident has been sexually abused. Reports of sexual abuse may be made to the Department of Health and Environment or the Department of Social and Rehabilitation Services and shall be made to a law enforcement agency. Subsection (f) of the statute is amended to make failure to report on the part of mandated reporters a class B nonperson misdemeanor and a new paragraph of subsection (f) is added that makes failure to report when there is a belief sexual abuse of a resident has occurred a class A nonperson misdemeanor punishable with a minimum fine of $400. Any report of sexual abuse is to be in substantially the form set out in a new subsection of the statute added by the Senate Committee of the Whole amendments.
Background
HB 2700 was requested by a member of the House Committee. Representatives of organizations representing nursing facilities and home health agencies presented testimony in support of the bill. A representative of the Department of Health and Environment reviewed current procedures and the additional requirements that would have to be met by the Department under HB 2700. A representative of the Kansas Bureau of Investigation (KBI) provided information on the current system of handling criminal history information and confidentiality of such information.
The bill changes the procedure that is followed in determining whether an individual is prohibited from being employed in an adult care home or by a home health agency. Currently, the potential employer requests the Secretary of Health and Environment to provide information that relates to a person who is being considered for employment by an adult care home or home health agency for the purpose of determining whether the subject is prohibited from being employed in such home or agency. The Secretary is authorized to receive such information from the KBI. (Currently, the request and response are transmitted by computer linkage.) If the potential employee has no criminal history record, the KBI informs the Secretary who, in turn, informs the adult care home or home health agency operator requesting the information that the potential employee is not prohibited from employment by KSA 1999 Supp. 39-970 or KSA 1999 Supp. 65-5117. If the subject of the investigation has a criminal history record, the KBI sends a record of adult convictions and juvenile adjudications to the Secretary. The legal staff of the Department of Health and Environment reviews the record and determines whether the subject has been convicted or adjudicated of any of the crimes that would result in his or her employment being barred by law. The person making the request is then informed whether the potential employee may or may not be employed. No actual criminal record history is furnished to the operator of an adult care home or home health agency. Under the provisions of HB 2700 the current procedure would be changed to allow the operator of an adult care home or home health agency to receive a copy of the criminal history furnished to the Secretary, including information not relative to whether the subject of the criminal history has been convicted as an adult of any crime or has been adjudicated as a juvenile for any offense.
The amendments added to HB 2700 by the Senate Committee of the Whole incorporate the provisions of SB 631 into the bill.
The fiscal note on HB 2700 indicates KBI expenditure would be increased by approximately $10,000; an expenditure increase of approximately $61,250 ($24,500 State General Fund) would result for the Department on Aging; an increase in expenditures for additional clerical support and increased communication costs would be incurred by the Department of Health and Environment, with no dollar amount given; and increased expenditures would be incurred by the Department of Social and Rehabilitation Services, a part of which would be State General Fund, with no dollar amount specified.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html