Proposal would require care employers to screen workers against abuse registry

The proposal describes a state registry for people linked to reports, investigations, or findings involving abuse of care recipients. Profiles could cover workers named in protective or substantiated reports, under supervision or suspension during an investigation, terminated over alleged or confirmed abuse, under law-enforcement investigation, or convicted of specified crimes against recipients. Facility and temporary staffing agency administrators would have continuous access to profiles through log-in credentials. A listed person could appeal within 90 days of notice; if the appeal is granted, the department must remove the challenged information or profile. The department would have 180 days from the effective date to establish the registry. Employer screening rules would begin once it is established.

The proposal would require employers to check the registry and bar them from hiring or keeping workers with profiles. These requirements apply to facilities and temporary health care services agencies and their current and prospective employees. When the registry is established, facilities and temporary health care services agencies would have to check prospective and current employees and could not employ or engage anyone with a profile. Before the registry is established, administrators would have to obtain attestations from current and prospective employees that they do not meet the profile criteria. The text also directs a licensing agency to order immediate suspension when criminal charges are filed against an employee, and termination if the employee is convicted. Registry checks and the bar on employing listed people would begin when the registry is established. The attestations apply before then. The text gives no separate start date for suspension after charges are filed.

The proposal sets penalties for certain failures to follow reporting rules, retaliation, and failure to report suspected abuse. The described penalties concern facility administrators and owners, covered temporary staffing agency owners or administrators, and people required to report suspected abuse. The text states civil penalties of up to $10,000 for specified violations by facility administrators or owners, and for specified violations of the registry chapter by facility or temporary staffing agency owners or administrators. It states that administrators and facility owners who intentionally or willfully fail to comply or obstruct compliance may face a second-degree misdemeanor, a $10,000 fine, up to two years in prison, or both. A required reporter who willfully fails to report would face a second-degree misdemeanor for a first violation and a third-degree felony for a later violation.