h_hie_2017a_2017-04-13t14:15:25z4 Hearing Summary

Date: 04/13/2017

Location: HCR 0107

09:09 PM -- HB 17-1284



Representative Lontine presented House Bill 17-1284 to the committee, along with a handout (Attachment N) and amendment L.001 (Attachment O). This bill requires the following employers to conduct a records check of the Colorado adult protective services (CAPS) data system for prospective employees to determine if a prospective employee who will work directly with at-risk adults is the subject of a substantiated report of adult abuse or neglect:



170413 AttachO.pdf



• county adult protective service departments;

• health facilities licensed by the Colorado Department of Public Health and Environment;

• adult day care facilities;

• community integrated health service agencies;

• community-centered boards and other contracted agencies serving persons on Medicaid home- and community-based service waiver programs;

• area agencies on aging and contracted service providers;

• facilities operated by the Department of Human Services (DHS) that provide care and treatment for persons with developmental disabilities (regional centers);

• facilities operated by DHS that provide care and treatment for persons with mental illness; and

• veterans community living centers.



CAPS records checks must be conducted starting on January 1, 2019. The State Board of Human Services must set a fee schedule for conducting the records checks that covers the cost of administering the program. DHS may charge this fee to requesting employers. In addition, the bill allows a person hiring a caregiver to provide consumer-directed attendant support services under a Medicaid waiver program to voluntarily request a CAPS records check at his or her own expense. DHS must establish rules for conducting records checks.



As soon as feasible following passage of the bill, county departments of human services are required to notify individuals when a report of adult abuse or neglect has been substantiated against them and to inform them of their right to appeal the finding. The DHS must promulgate rules and establish an appeals process for persons to contest the substantiated finding against them. DHS is required to provide training to all current county adult protection employees by July 1, 2018, and to all future employees on an ongoing basis, about the requirements of the bill and other best practices concerning adult protection investigations, assessments, and services.



The bill specifies that information from CAPS records checks is confidential. Employers making a hiring decision based on disqualifying information received from the CAPS records check are immune from civil liability, unless the information in the CAPS system is false and the employer knows it to be false. The bill prohibits an employer from requesting a CAPS records check on someone who is not a current employee or applicant, and prohibits the release of information obtained in a CAPS records check to anyone who is not involved in the hiring process, with certain limited exceptions. A person who is found to have improperly requested a CAPS records check or shared information from a records check commits a class 1 misdemeanor.





09:20 PM



Representative Lontine read the testimony of Marijo Rymer, representing The Arc of Colorado, in support of the bill.





09:34 PM



Brita Darling, representing the Office of Legislative Legal Services, answered committee questions on the bill.





09:37 PM -- David Ervin, representing The Resource Exchange, testified in support of the bill.



09:42 PM -- Jeanette Hensley, representing Colorado Senior Lobby, testified in support of the bill.



09:47 PM -- Doug Farmer, representing Colorado Health Care Association, testified in a neutral capacity.



09:53 PM -- Riley Kitts, representing DHS, testified in support of the bill and presented two handouts (Attachments P and Q).



170413 AttachP.pdf170413 AttachQ.pdf



09:57 PM -- Mindy Kemp, representing DHS, testified in support of the bill.



10:01 PM -- Stefanie Norred, representing DHS, testified in support of the bill.





10:08 PM



Bill Zepernick, representing Legislative Council Staff, answered committee questions on the fiscal note.