ARC 3515C

ARC 3515C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 217.6 and 2017 Iowa Acts, House File 547, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 119, "Record Check Evaluations for Certain Employers and Educational Training Programs," Iowa Administrative Code.

This proposed amendment adds a new element to the definition of "requesting entity." The change is required in relation to federal legislation requiring background checks on any employee with access to federal tax information used for Department purposes.

The Department may conduct background checks and subsequently conduct evaluations on employees who have access to federal tax information pursuant to Iowa Code section 217.45. The record check evaluation unit will complete the evaluations upon an employee's hire and again every ten years. The Department will defer to the employee handbook for requirements related to reporting allegations of an employee's being a perpetrator of abuse or an employee's alleged criminal charges between the initial date of hire and the ten-year background check.

Any interested person may make written comments on the proposed amendment on or before January 9, 2018. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by email to policyanalysis@dhs.state.ia.us.

This amendment does not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department's general rule on exceptions at 441—1.8(17A,217).

After analysis and review of this rule making, no impact on jobs has been found.

This amendment is intended to implement Iowa Code section 217.6 and 2017 Iowa Acts, House File 547.

The following amendment is proposed.

Amend rule 441—119.1(135B,135C), definition of "Requesting entity," as follows:

"Requesting entity" means an entity covered by these rules that is requesting an evaluation to determine if the person being evaluated can be employed by the entity or participate in an educational training program and includes the following:

1.Health care facilities as defined in Iowa Code section 135C.1.

2.Programs in which the provider is regulated by the state or receives any state or federal funding and the employee being evaluated provides direct services to consumers including but not limited to programs that employ homemakers or home health aides, programs that provide adult day services, hospices, federal home- and community-based services waiver providers, elder group homes, and assisted living programs.

3.Substance abuse programs for juveniles as described in Iowa Code section 125.14A.

4.Hospitals as defined in Iowa Code section 135B.1.

5.Psychiatric medical institutions for children as defined in Iowa Code section 135H.1.

6.The department as described in Iowa Code section 217.44.

7.Department institutions as defined in Iowa Code section 218.13.

8.Child foster care facilities as defined in Iowa Code section 237.1.

9.Medicaid home- and community-based services waiver providers as defined in Iowa Code section 249A.29.

10.Certified nurse aide training programs as defined in Iowa Code section 135C.33(8).

11.Nursing training programs as described in Iowa Code chapter 152.

12.The department as described in Iowa Code section 217.45.