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Montana Healthcare Background Check

A bill for an act entitled: "an act requiring nursing home workers and nursing home administrators to have a criminal history background check for prospective employment in a nursing home; allowing dissemination of criminal history record information to nursing homes; providing for cost-sharing of the fee by the state, the nursing home, and the applicant; providing a contingent voiding provision; amending sections 37-9-301 and 44-5-302, MCA; and providing effective dates."


Section 1. The goal of section 1 is to safeguard the elderly and people with disabilities of all ages by examining the criminal records of candidates looking to work in the nursing home to assess their qualifications concerning public health security, safety, and well-being. The security of vulnerable people who depend on the services of a residential nursing home can be enhanced by requiring background checks on the criminal histories of prospective employees. Learn more about the Montana healthcare background check.





Section 2. Checks on the criminal background of nursing home staff and an administrator. (1) Nursing homes should solicit a criminal background check on every applicant to be considered for employment as a nursing home worker or director of a nursing home.

(2). For purposes the purposes section

(a) "nursing house" is a long-term care facility licensed under 50-5-2204 and accredited under the Federal Medicare program (b) "nursing home" means a facility that is certified under the federal

(b) "worker" refers to anyone who works for the nursing home.

(3) (a) An application for licensure or employment must contain a section requiring the applicant to supply information about his criminal history as well as inform the applicant of the need to conduct a criminal background check.

(b) A person applying for a criminal background check must include the fee specified in [section 5[section 5].

(4) A nursing facility will examine findings that result from the background check to ascertain whether the applicant has been charged or was convicted or adjudicated guilty of the crime to determine the suitability of the applicant to be employed as a nurse in a nursing home. A conviction for an offense related to the health, safety, and welfare related to the employment of the nursing home's worker is a sufficient reason for not employing the applicant. Nursing homes are subject to the regulations of 50-5-207.

(5) Employers can conduct a criminal background check on an employee each year at the employer's expense.




Section 3. Section 37-9-301, MCA is changed to read:

"37-9-301. The requirements for the licensure exam. (1) (2) The department must authorize and issue licenses to competent individuals to act as nursing home administrators, and the board will establish qualifications for nursing home administrators. No Registration or a registration or should It is possible that they will not be given to someone who is an administrator of a nursing home, be issued to a person as a nursing home administrator unless He The person :

(a) is Determined to be of the good of the character. The department can review the outcomes of an investigation into a criminal background check as provided in [section 2.

(b) is of good mental and physical well-beingand Has received an official High School diploma, or an equivalent

(b) (c) (i) has completed an instruction course and training as directed by the board. The term "responsible" will be That's created and managed to give an adequate understanding of the needs that are properly met by long-term care facilities, the laws that govern the running of these facilities, and the protection of the rights of patients and the components of a good nursing home administration or

(ii) can provide evidence that is satisfactory to the board of having the required qualifications or training or a combination of training, education, and experiences in the fields mentioned in subsection (1)(b)(i) (1)(c)(i) to oversee, manage and oversee the operation of a long-term care center; and

(c) (d) can pass an exam designed to assess proficiency in the subject matter mentioned in subsection (1)(b)(i) (1)(c)(i).

(2) Minimum requirements to be met for certification will meet the rules if any meet the requirements set forth to meet the requirements, if, outlined in Title XIX of the Social Security Act, Public Law 90-248 in its amended form."




Section 4. Section 44-5-302, MCA is modified to read:

"44-5-302. The distribution of criminal history record information isn't public information about criminal justice. (1) The criminal records of criminal history cannot be distributed to other agencies than criminal justice agencies, unless:

(a) the data is released following the consent or demand of the person with whom it concerns as per the guidelines in 44-5-215 and 44-5-214;

(b) a district court considers dissemination necessary;

(c) that the info is distributed following the provisions of 44-5-304 or

(d) the organization that is receiving the information is legally authorized to accept it.

(2) (3) The justice department, as well as other criminal justice agencies, may accept From fingerprints. For example, it could provide to provide state or local, multistate, federal (to the extent permitted under federal law), and other information about criminal history to:

(a) The state bar, for licensing purposes, concerning applicants to be admitted into the Montana state bar. Montana and shall, concerning an applicant for admission to the bar that has submitted fingerprints to the agency or department from the State Bar and exchanges any available local, state, multistate, or federal (to the extent permitted under federal law) and other information about criminal history in the State Bar to permit licensing purposes And

(b) nursing home to check the criminal background of a person seeking to work as a nurse or nursing home administrator per the requirements in section 2."




Section 5. Cost-sharing to pay for a background check. Of the total fee of $50 for a criminal background check on applicants seeking the position of a nursing home as a nurse or nursing home administrator, as stipulated in section 2, $20 is to be paid to the department. $20 is to be given to the nursing facility seeking to hire an applicant to be an employee of a nursing home or nursing home administrator. In addition, $10 is to be paid out by the candidate seeking a job.




Section 6. Codification instructions. Sections 1, 2, and 5 are to become codified, integrated components of Title 50, chapter 5, Part 11, and the requirements in Title 50, chapter 5; part 11 apply to sections 1, 2, and 5].




Section 7. Continuous non-validity. If [LC1716 ] and LC 1717] are presented to the electorate, and if either [LC 1716 ] or LC 1717] isn't accepted by the electorate, the act becomes invalid.




Section 8. The effective dates. (1) Except for the provisions by subsection (2) if [LC 1716 ] and LC 17 are both approved and submitted to the electorate, this will take effect on January 1, 2000.

(2) If Constitutional Initiative No. 75, which enacts Article VIII, section 17 in the Montana constitution, is declared invalid, [this law becomes effective on the day following the declaration of invalidity or January 1, 2000.


Updated on 2022-11-04 19:33:49 by larry coleman

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