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Legislation Detail
CS/HB 131 CAREGIVER BACKGROUND CHECKS
Sponsored By: Rep Elizabeth (Liz) L Thomson

Actions: HPREF [2] HHHC/HJC-HHHC [4] w/o rec-HJC [15] DNP-CS/DP [16] PASSED/H (48-7) [19] SJC-SJC [25] DP [26] PASSED/S (39-0) SGND BY GOV (Apr. 7) Ch. 30.

Scheduled: Not Scheduled

Summary:
 House Bill 131 (HB131) relates to public safety by shifting responsibility for overseeing caregiver background checks from the Department of Health to the Health Authority and adding to the list of disqualifying convictions for caregivers. Also, allowing the Health Care Authority to promulgate rules to establish additional disqualifying convictions for caregivers and transferring of functions, records and equipment.
Legislation Overview:
 House Bill131 (HB131) shifts the responsibility of the Department of Health to the Health Care Authority for background checks and adds a new listing of additional convictions that will result in disqualification for care givers for employment. 
The following felony additional convictions disqualify an applicant, caregiver or hospital caregiver from employment as a caregiver to include: battery on a household member, sex trafficking, assault of a peace officer, identity theft, or cruelty to animals.
A new Section E is included in HB131 to read that the “Health Care Authority may promulgate rules to add additional types of convictions to the list of convictions that disqualify an applicant, caregiver or hospital caregiver from employment as a caregiver”.
The ability of the Health Care Authority to promulgate additional types of convictions or other rules is now included in the requirements for notice to the submitting care provider, also notifying the applicant, caregiver or hospital caregiver, stating with specificity the convictions on which its decision is based and identifying the agency that provided the records, that a reconsideration may be requested of the Authority.
Also, that the Health Care Authority may make such rules  to the effect that  the employment presents no risk of harm to a care recipient or that the conviction does not directly bear upon the applicant's, caregiver's or hospital caregiver's fitness for the employment.
Committee Substitute:
 Committee Substitute March 11,2025 in HJC
HJCcs/HB131: Besides shifting responsibility for criminal background checks from the Health Department to the Health Care Authority as found in the original HB131, the House Judiciary Committee has added in Section 1, D several new disqualifications that might found in a criminal background check. The start with new numbers 9 through 12 to included:
(9)  human trafficking; 
(10)  assault of a peace officer; 
(11)  identity theft; or 
(12)  cruelty to animals.
In addition a new pargagraph E. will now read: “E.  The health care authority: (1)  may disqualify an applicant, caregiver or hospital caregiver from employment as a caregiver if that applicant, caregiver or hospital caregiver poses an unreasonable risk to care recipients.  In determining whether a person poses an unreasonable risk as a caregiver, the health care authority shall assess the totality of the circumstances using reasonably reliable information, such as court records. The health care authority may only find that an applicant, caregiver or hospital caregiver poses an unreasonable risk if the preponderance of the evidence establishes an unreasonable risk due to the applicant, caregiver or hospital caregiver having: (a)  two or more convictions related to abuse, neglect or exploitation within the past ten years, regardless of the degree of the crime; or (b)  a single conviction or pending charges, regardless of the degree of the crime, if the crime is related to:  1) abuse, neglect or exploitation of a care recipient; 2) human trafficking; 3) criminal sexual penetration related sexual offenses; 4) battery of a household member; or 5) child abuse; and (2)  shall provide an administrative reconsideration process for applicants, caregivers and hospital caregivers who are determined to be an unreasonable risk.  The burden of proof is on the health care authority to demonstrate unreasonable risk by a preponderance of the evidence.  An applicant, caregiver or hospital caregiver shall have the right to judicial review of any final decision made by the health care authority pursuant to this subsection.”
New language describing “unreasonable risk” is now included in Paragraph F to read”…. a care provider shall not employ an applicant or continue to employ a caregiver or hospital caregiver whose nationwide criminal history screening record reflects a disqualifying conviction or an unreasonable risk.”
In Paragraph G, language is struck to clarify when administrative reconsideration by the Health Authority may be made. The rewritten sentence will now read: “The care provider may, in its discretion, continue to employ such person during the pendency of the reconsideration.  A care provider may employ the applicant or caregiver if the reconsideration proceeding results in a reversal of the health care authority's decision.”
Finally, a new Paragraph N is added to the CS for HB131 to read: “N.  For the purposes of this section, "unreasonable risk" means a level of risk that a reasonable person would be unwilling to take regarding the safety or welfare of a care recipient.”
The effective date of the provisions of this Act is July 1, 2025.


 
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