K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver

What this rule requires your agency to do

• 1An applicant must submit fingerprints through an authorized collection site within 20 calendar days after receipt of authorization to be eligible for provisional employment, or the application is deemed withdrawn.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 2A home health agency may hire an applicant for provisional employment on a one-time basis of 60 calendar days pending KDADS results, and a provisional employee may only be supervised by an employee who has completed all training required by federal regulations, department rules, and the agency's own policies and procedures.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 3An operator need not conduct a new CRC if the applicant was the subject of a CRC under this act within one year prior to the application; volunteers are exempt unless performing functions equivalent to direct-access employees.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 4An applicant convicted or adjudicated of the offenses in (b)(2) or (b)(3) may be employed only if six or more years have elapsed since completion of the sentence/discharge (or the longer juvenile period) or a waiver of the six-year disqualification has been granted.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 5The current or prospective employer shall pay a reasonable fee to the department for each applicant's criminal history record information, and the employee/independent contractor shall pay the fingerprint collection fee at the time of fingerprinting.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 6To comply, the operator shall request from KDADS an eligibility determination regarding adult and juvenile convictions and adjudications; the department may require the applicant to be fingerprinted and submit to a state and national criminal history record check.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 7No person shall knowingly operate a home health agency if there works any person who has adverse findings on any state or national registry (as defined in KDADS regulations) or who has been convicted of or adjudicated a juvenile offender for any of the permanently disqualifying offenses listed in subsection (b)(1) (e.g., capital/first/second-degree murder, voluntary manslaughter, mistreatment of a dependent adult or elder person, human trafficking, rape and enumerated sex crimes against children, sexual exploitation of a child, and attempts/conspiracy/solicitation of those crimes).(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)
• 8A disqualified individual may apply to the secretary for aging and disability services for a waiver within 30 days of the notice of employment prohibition (and five years after completion of the sentence for (b)(2)/(b)(3) offenses); the secretary weighs passage of time, extenuating circumstances, demonstration of rehabilitation, and relevancy to the position, and the prohibition remains in effect unless/until a waiver is granted.(K.S.A. 65-5117 — Home health agency; background check of employees; disqualification for employment; waiver)