Legislative Session number- 82

Bill Name: SF0880

E Modifying certain provisions relating to the release of information for
background studies for health and human services licensing purposes; authorizing
release to license holders of the identity of substantiated perpetrators and
victims of child maltreatment in the licensed facility by the commissioner of
human services or local social services or county welfare agencies, the exchange
of data derived from substantiated maltreatment reports with the department of
health for background studies completion purposes and the sharing of data on
individuals collected by the commissioner of human services under maltreatment
investigations with the departments of human rights, health and corrections, the
ombudsman for mental health and retardation and the appropriate regulatory board
under certain laws or standards violation conditions; requiring commissioner of
human services or local social services agency notice to heads of facilities of
determinations of substantiated perpetrators of child maltreatment based on
sexual abuse, requiring a copy to the subject of the notice; modifying certain
maltreatment determination requirements of the health related licensing boards;
requiring commissioner of human services notice to the agency or licensing board
initiating the background study of the reason for licensure disqualification in
cases of failure of the subject to cooperate or of substantiated maltreatment;
reducing the time limit for submission of disqualification reconsideration
requests, maltreatment determination to be deemed conclusive in cases of no
reconsideration request, requiring the commissioner to rescind the
disqualification upon a finding of incorrect information as the basis for
disqualification, extending the time limit for commissioner response to
reconsideration requests under certain conditions and providing for fair
hearings or consolidated reconsiderations under certain conditions; modifying
the contested case procedure; authorizing the commissioner to deny licensing of
applicants failing to comply with applicable laws or rules or withholding
relevant information from or giving false information to the commissioner in
connection with a license application or during an investigation; providing for
commissioner issuance of conditional licenses under certain conditions and
modifying the authority of the commissioner to impose fines, providing for
conditional license reconsideration; modifying certain sanctions, providing for
expedited hearings for immediate license suspension under certain conditions,
imposing certain responsibility on license holders ordered to pay fines;
providing for consolidated contested case hearings for sanctions based on
maltreatment determinations and disqualifications, modifying certain burden of
proof requirements; providing a standard of evidence for disqualification
hearings; expanding vulnerable adult maltreatment reporting requirements;
providing for reconsideration of determinations of vulnerable adult neglect,
expanding the definition of neglect; requiring the commissioners of health or
human services to pursue changes to federal law necessary to allow greater
discretion on disciplinary activities of unlicensed health care workers and
apply for necessary federal waivers or approval to allow for a set-aside process
relating to disqualifications for nurse aides in nursing homes by a certain
date; requiring the commissioner of health to examine federal rules and
regulations prohibiting neglect, abuse and financial exploitation of residents
in licensed nursing facilities and to apply for waivers by a certain date to
allow state control of the identification and prevention of maltreatment of
residents in licensed nursing facilities and of disqualification or discipline
of persons providing services to the residents (je, ja)