This text of Iowa § 249A.29 (Home and community-based services waiver providers — records checks) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.For purposes of this section and section 249A.30 unless the context otherwise requires:
a.“Consumer” means an individual approved by the department to receive services under
a waiver.
b.“Provider” means an agency certified by the department to provide services under a
waiver.
c.“Waiver” means a home and community-based services waiver approved by the federal
government and implemented under the medical assistance program.
2.If a person is being considered by a provider for employment involving direct
responsibilityforaconsumerorwithaccesstoaconsumerwhentheconsumerisalone, andif
the person has been convicted of a crime or has a record of founded child or dependent adult
abuse, the record check evaluation system of the department shall perform an evaluation
to determine whether the cr
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1. For purposes of this section and section 249A.30 unless the context otherwise requires:
a. “Consumer” means an individual approved by the department to receive services under
a waiver.
b. “Provider” means an agency certified by the department to provide services under a
waiver.
c. “Waiver” means a home and community-based services waiver approved by the federal
government and implemented under the medical assistance program.
2. If a person is being considered by a provider for employment involving direct
responsibilityforaconsumerorwithaccesstoaconsumerwhentheconsumerisalone, andif
the person has been convicted of a crime or has a record of founded child or dependent adult
abuse, the record check evaluation system of the department shall perform an evaluation
to determine whether the crime or founded abuse warrants prohibition of employment by
the provider. The record check evaluation system shall conduct criminal and child and
dependent adult abuse records checks of the person in this state and may conduct these
checks in other states. The records checks and evaluations required by this section shall be
performed in accordance with procedures adopted for this purpose by the department.
3. If the record check evaluation system determines that a person employed by a provider
has committed a crime or has a record of founded abuse, the record check evaluation system
shall perform an evaluation to determine whether prohibition of the person’s employment is
warranted.
4. In an evaluation, the record check evaluation system shall consider the nature and
seriousness of the crime or founded abuse in relation to the position sought or held, the
time elapsed since the commission of the crime or founded abuse, the circumstances under
which the crime or founded abuse was committed, the degree of rehabilitation, the likelihood
that the person will commit the crime or founded abuse again, and the number of crimes
or founded abuses committed by the person involved. The record check evaluation system
may permit a person who is evaluated to be employed or to continue to be employed by the
provider if the person complies with the record check evaluation system’s conditions relating
to the employment, which may include completion of additional training.
5. Iftherecordcheckevaluationsystemdeterminesthatthepersonhascommittedacrime
25 MEDICAL ASSISTANCE, §249A.32
or has a record of founded abuse which warrants prohibition of employment, the person shall
not be employed by a provider.