KANSAS DEPARTMENT OF HEALTH & ENVIRONMENT BILL GRAVES, GOVERNOR Gary R. Mitchell, Secretary

Date: November 3, 1997

Contact: Don Brown

785-296-1529

State Announces Plans to Comply with Kansas Adult Care Legislation

The Kansas Department of Health and Environment today announced plans for processing background checks on prospective employees of adult care homes and home health agencies. House Bill 2278, passed by the 1997 Legislature, requires the department to perform the checks.

The department's Health Occupations Credentialing Section (HOC) will receive and process requests for criminal background information, submitting them to the Kansas Bureau of Investigation (KBI). Because of the law's broad impact on the adult care industry, the legislature authorized the department to implement the law in increments. The prohibition on employment of persons whose background meets the criteria outlined in House bill 2278 is effective July 1, 1998.

"The department is committed to providing systematic processing of inquiries on or before that date," said Dr. Steven Potsic, Director of Health for the state. "We are concerned about implementing an efficient, effective system to deter those who are prohibited from employment in these settings and who may be considering work with the frail elderly and home-based populations."

The department has developed a general administrative plan under the guidance of project manager Lesa Bray, HOC Director. Under the plan, the department will initiate the requests for information by focusing on a particular geographic area of Kansas. As the process is refined, the department will expand it to additional areas of the state.

Preliminary discussions with the agency indicate KBI should be able to process the requests since the system is based upon an existing criminal background check process for Kansas day care providers and administrators and operators of adult care homes.

The department is exploring methods of efficiently processing the background check requests and reporting the results.

"This project is extensive and involves partnerships among several state agencies as well as cooperation from those who will be submitting and receiving information. Employment decisions continue to be the responsibility of the operator of the adult care home or home health agency. The department's function is to provide a support role in accessing the data outlined in the statute," said Bray.

KDHE estimates it will seek background checks on 40,000 individuals annually. The law protects employers, who make employment decisions in compliance with the law, from liability.