SB 461 — Direct service providers; disclosure of information by employers.

SESSION history | hilite | pdf | print version 18104435D18106266D SENATE BILL NO.

461 OfferedAMENDMENT JanuaryIN 10,THE 2018NATURE PrefiledOF JanuaryA 9,SUBSTITUTE 2018(Proposed by the Senate Committee on Education and Health on February 1, 2018) (Patron Prior to Substitute--Senator Dance) A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 4 of Title 37.2 a section numbered 37.2-402.1, relating to direct servicesupport providers;professionals;

---------- Patron-- Dance ---------- Referred to Committee on Education and Health ---------- Be it enacted by the General Assembly of Virginia:

Direct servicesupport providers;professionals;

As used in this section, "direct servicesupport provider"professional" means a person 18identified yearsby ofa ageprovider, oras olderdefined whoin provides§ direct37.2-403, services,as includinghaving assistancethe primary role, on a day-to-day basis, of assisting an individual with eating,routine dressing,personal bathing,care medication,needs, social support, and mobility,physical toassistance individualsin witha disabilitieswide receivingrange servicesof pursuantdaily toliving activities so that the individual can lead a Medicaidself-directed waiver.life in his own community.

A direct service provider may be employed by a service provider licensed by the Department to provide services to clients of the service provider or may be employed by the person to whom services are provided.

A current or former employer of (i) a direct servicesupport providerprofessional or (ii) a person who manages or has managed direct support professionals may disclose information about asuch directperson's serviceemployment, provider'swhich employmentmay include information about the person's job performance, professional conduct, including any violent or threatening conduct, and reason for separation, to a prospective employer of such person if, upon hiring by the prospective employer, the direct servicecare providerprofessional uponor receiptperson ofwho writtenmanages consentor ofhas themanaged direct servicesupport provider.professionals would be responsible for providing services to a person receiving services pursuant to a Medicaid Developmental Disability waiver or managing individuals providing services to a person receiving services pursuant to a Medicaid Developmental Disability waiver.

Such consentprospective shallemployer bemay maderequest on a form provided by the Department, shall be written in a conspicuous manner, and shall state that the direct servicesupport providerprofessional givesor consentperson towho anymanages andor allhas priormanaged employersdirect tosupport provideprofessionals informationexecute withwritten regardconsent to such employmentdisclosure toon a prospectiveform employer,provided who shall be identified by name on the form.Department;

Thehowever, formfailure shallto beobtain signedsuch byconsent the direct service provider and shall benot validprohibit only during such time as the directpotential serviceemployer provider'sfrom applicationrequesting foror employmentthe withcurrent theor prospectiveformer employer isfrom beingdisclosing activelyinformation considereddescribed byin thethis prospectivesubsection. employer.

C.

A current or former employer who provides information pursuant to this section shall be immune from civil liability for furnishing such information, provided that the employer was not acting in bad faith.

A current or former employer shall be presumed to be acting in good faith.

The presumption of good faith shall be rebutted if it is shown by clear and convincing evidence that the employer disclosed information with knowledge that it was false, or with reckless disregard for whether it was false or not, or with the intent to deliberately mislead.

2.

That, in support of the Joint Commission on Health Care's efforts to improve the quality of the Commonwealth's direct support professional workforce, the Department of Behavioral Health and Developmental Services shall, in conjunction with the Department for Aging and Rehabilitative Services, the Department of Medical Assistance Services, the Department of Social Services, the Virginia Association of Community Services Boards, the Virginia Network of Private Providers, and other relevant provider organizations and stakeholders, convene a work group to review implementation of the provisions of this act and, if necessary, develop recommendations for policy changes to increase the transparency of the employment history of direct support professional job candidates.

The Department of Behavioral Health and Developmental Services shall report its recommendations to the Joint Commission on Health Care by October 1, 2018.