Iowa House Bill HF504

Iowa 2023-2024 Regular Session

• Introduced: 2/28/23
• Refer: 2/28/23

Caption

A bill for an act relating to prohibitions against a person acting as a provider or as an employee, contractor, or subcontractor of a provider of home and community-based services waiver services under the Medicaid program.(See HF 633.)

Impact

The bill amends existing laws to broaden the scope of those who are subject to background checks related to criminal activity and abuse history. Previously limited to direct service providers, this now includes management and consulting personnel as well. This extension aims to enhance the safety of consumers receiving services by ensuring that all individuals who might have access are evaluated for any disqualifying histories. This could significantly enhance oversight and accountability within HCBS programs.

Summary

House File 504 establishes new protocols concerning the employment of individuals within home and community-based services (HCBS) waiver programs. Specifically, the bill relates to the recording checks used to evaluate providers, employees, contractors, and subcontractors when criminal records or founded abuse incidents are identified. Under this legislation, the Iowa Department of Health and Human Services (HHS) is tasked with conducting evaluations for such individuals to determine their eligibility for employment based on the nature of their criminal history or abuse record.

Contention

There are concerns regarding the implications of these criteria, especially related to the potential impact on employment opportunities for individuals with prior criminal records or founded abuse cases. While supporters argue that the heightened scrutiny is necessary for consumer safety, opponents warn that it may disproportionately prevent qualified individuals from gaining employment in the HCBS sector, suggesting that the bill might need provisions for addressing rehabilitation and second chances for these individuals.