249A.29 - HOME AND COMMUNITY-BASED SERVICES WAIVER PROVIDERS -- RECORDS CHECKS.
249A.29 HOME AND COMMUNITY-BASED SERVICES WAIVER
PROVIDERS -- RECORDS CHECKS.
1. For purposes of this section and section 249A.30 unless the
context otherwise requires:
a. "Consumer" means an individual approved by the department
to receive services under a waiver.
b. "Provider" means an agency certified by the department to
provide services under a waiver.
c. "Waiver" means a home and community-based services waiver
approved by the federal government and implemented under the medical
assistance program.
2. If a person is being considered by a provider for employment
involving direct responsibility for a consumer or with access to a
consumer when the consumer is alone, and if the person has been
convicted of a crime or has a record of founded child or dependent
adult abuse, the department shall perform an evaluation to determine
whether the crime or founded abuse warrants prohibition of employment
by the provider. The department shall conduct criminal and child and
dependent adult abuse records checks of the person in this state and
may conduct these checks in other states. The records checks and
evaluations required by this section shall be performed in accordance
with procedures adopted for this purpose by the department.
3. If the department determines that a person employed by a
provider has committed a crime or has a record of founded abuse, the
department shall perform an evaluation to determine whether
prohibition of the person's employment is warranted.
4. In an evaluation, the department shall consider the nature and
seriousness of the crime or founded abuse in relation to the position
sought or held, the time elapsed since the commission of the crime or
founded abuse, the circumstances under which the crime or founded
abuse was committed, the degree of rehabilitation, the likelihood
that the person will commit the crime or founded abuse again, and the
number of crimes or founded abuses committed by the person involved.
The department may permit a person who is evaluated to be employed or
to continue to be employed by the provider if the person complies
with the department's conditions relating to the employment, which
may include completion of additional training.
5. If the department determines that the person has committed a
crime or has a record of founded abuse which warrants prohibition of
employment, the person shall not be employed by a provider. Section History: Recent Form
95 Acts, ch 93, §5; 2002 Acts, ch 1120, §4
Referred to in § 249A.32, 335.34, 414.32