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Iowa Code § 249A.29 — Home and community-based services waiver providers — records checks

IowastatuteIowa Legislature (administered by Iowa Department of Health and Human Services)

What this rule requires your agency to do

  • 1If a person already employed by a provider is found to have committed a crime or have a record of founded abuse, an evaluation shall be performed to determine whether prohibition of employment is warranted (subsection 3).(Iowa Code § 249A.29 — Home and community-based services waiver providers — records checks)
  • 2Before a provider considers a person for employment involving direct responsibility for a consumer, or with access to a consumer when the consumer is alone, and the person has a criminal conviction or a record of founded child or dependent adult abuse, the department's record check evaluation system shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of employment (subsection 2).(Iowa Code § 249A.29 — Home and community-based services waiver providers — records checks)
  • 3The record check evaluation system shall conduct criminal and child and dependent adult abuse records checks of the person in Iowa and may conduct these checks in other states (subsection 2).(Iowa Code § 249A.29 — Home and community-based services waiver providers — records checks)
  • 4If the evaluation determines that the crime or founded abuse warrants prohibition of employment, the person shall not be employed by a provider (subsection 5).(Iowa Code § 249A.29 — Home and community-based services waiver providers — records checks)

Applies to: personal care

Requires HCBS waiver providers to have criminal and child/dependent-adult abuse records checks and a departmental evaluation performed before or during employment of any person with direct responsibility for or unsupervised access to a waiver consumer, and bars employment where the record warrants prohibition.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.