Bill Text: IA HF576 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to background investigations of individuals employed through temporary staffing agencies with certain health care providers. (Formerly HSB 147.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-12 - Signed by Governor. H.J. 1008. [HF576 Detail]

Download: Iowa-2017-HF576-Enrolled.html

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House File 576 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON HUMAN
                                  RESOURCES

                              (SUCCESSOR TO HSB 147)
 \5
                                   A BILL FOR
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                                         House File 576

                             AN ACT
 RELATING TO BACKGROUND INVESTIGATIONS OF INDIVIDUALS
    EMPLOYED THROUGH TEMPORARY STAFFING AGENCIES WITH CERTAIN
    HEALTH CARE PROVIDERS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 135C.33, Code 2017, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  5A.  a.  This section shall also apply to an
 employee of a temporary staffing agency that provides staffing
 for a facility, service, program, or other provider regulated
 by this section if the employee provides direct services to
 consumers.
    b.  In substantial conformance with the provisions of this
 section, prior to the employment of such an employee, the
 temporary staffing agency shall request the performance of the
 criminal and child and dependent adult abuse record checks.
 The temporary staffing agency shall inform the prospective
 employee and obtain the prospective employee's signed
 acknowledgment.  The department of human services shall perform
 the evaluation of any criminal record or founded child or
 dependent adult abuse record and shall make the determination
 of whether a prospective employee of a temporary staffing
 agency shall not be employed by the assisted living program as
 defined in section 231C.2, the Medicare certified home health
 agency, or the facility, service, program, or other provider
 regulated by this section.
    c.  If a person employed by a temporary staffing agency that
 is subject to this section is convicted of a crime or has a
 record of founded child or dependent adult abuse entered in the
 abuse registry after the person's employment application date,
 the person shall inform the temporary staffing agency within
 forty=eight hours and the temporary staffing agency shall
 inform the facility, service, program, or other provider within
 two hours.
    d.  If a temporary staffing agency fails to comply with the
 requirements of this section, the temporary staffing agency
 shall be liable to the facility, service, program, or other
 provider for any actual damages, including civil penalties, and
 reasonable attorney fees.
    e.  This section shall not apply to employees employed by a
 temporary staffing agency for a position that does not provide
 direct services to consumers.


                                                                                            LINDA UPMEYER


                                                                                            JACK WHITVER


                                                                                            CARMINE BOAL


                                                                                            TERRY E. BRANSTA

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