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Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks
IowaregulationIowa Department of Health and Human Services (Health Facilities Division)· effective 2023-07-05
What this rule requires your agency to do
- 1The provider must request a departmental evaluation before employing any person who has a criminal conviction or a founded abuse record to determine whether that person may be employed. (481—50.9(135C))(Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks)
- 2The provider must ask each prospective employee whether the person has been convicted of a crime or has a founded child or dependent adult abuse report and obtain written acknowledgment that a record check will be conducted. (481—50.9(3))(Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks)
- 3The provider must, before employment, request that the Department of Public Safety perform a criminal history check and that the Department of Human Services perform child and dependent adult abuse record checks (or use the single-contact/SING repository) on each prospective employee. (481—50.9(3))(Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks)
- 4The provider must, within 7 calendar days of learning that an employee has a post-employment criminal conviction or founded abuse finding, verify the information and obtain a departmental evaluation. (481—50.9)(Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks)
- 5The provider may provisionally employ a person pending completion of the evaluation only if an approved third-party vendor completes a comprehensive preliminary background check, the crime is not a felony or other disqualifying offense, and no founded abuse record exists. (481—50.9)(Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks)
- 6The provider must maintain documentation of the record checks and any departmental evaluation for each employee. (481—50.9)(Iowa Admin. Code r. 481—50.9(135C) - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks)
Applies to: Home health / HCBS direct care workers and other prospective and current employees of regulated facilities and home health agencies
Iowa Admin. Code r. 481—50.9 requires health care facilities and home health agencies to conduct criminal history, dependent adult abuse, and child abuse record checks on prospective and current employees before employment, to obtain a departmental evaluation before hiring anyone with a conviction or founded abuse record, and to recheck when new convictions or abuse findings arise. The rule's definition of "facility" expressly includes a home health agency, bringing HCBS direct care workers within its scope.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.