Committee considers streamlining background checks for home‑care workers; supporters cite client safety and workforce continuity

House Bill 1395, intended to streamline the background check process for long‑term care workers, drew support from caregivers, unions and agency providers and prompted questions from disability advocates about the two‑year fingerprint requirement.

Staff member Elizabeth Allison summarized the current system and the proposed changes: “A background check can be a name and date of birth check, a fingerprint based background check, or both,” she said, and described the bill’s key provisions: employers may not conduct a CCS review if one has already been done by the same employer for a non‑automatically disqualifying offense, if a certificate of restoration applies, or if more than 10 years have passed since a non‑disqualifying negative action. The bill would also allow individual providers (IPs) and agency providers (APs) to have unsupervised access for up to 30 days while a CCS review is completed for non‑disqualifying issues, with client notice and option to decline care. The bill preserves initial fingerprint checks at hire and the federal fingerprint requirement.

Sponsor Representative Daria Farivar (46th District) said the bill aims to “walk the right line” between protecting vulnerable clients and avoiding unnecessary interruptions to care, noting that delays in CCS reviews can leave clients without caregivers and caregivers without pay.

Caregivers and advocates offered personal testimony about harm caused by long delays. Neli Prieto described being forced off a case during a background‑check renewal because of a 27‑year‑old dismissed ticket; she said her client was left unattended for nine days and later died. “That’s why I’m asking for your support,” Prieto told the committee. Melissa Watts described being unpaid for four months while a decades‑old traffic violation triggered a CCS review; she said the bill would have allowed continuity of paid care while the review proceeded.

Unions and providers supported the measure while noting tweaks they want. Shane Truscott, vice president of SEIU 775, called the process “convoluted and inefficient,” said the bill does not change disqualifying crimes or initial FBI fingerprint requirements, and warned that the current system disproportionately affects Black, Indigenous and Latine caregivers. Brad Banks, representing Medicaid agency providers, said the proposal furthers workforce stability and client safety but raised a few technical tweaks.

Consumer advocates urged caution with eliminating recurring state background checks. Noah Bridal of the DD Ombudsman said his office supports a more equitable process but opposed removing two‑year state checks entirely; he urged clearer rules around work while CCS reviews are pending.

Fiscal and operational context: proponents said administrative savings could be material. SEIU cited a 2022 legislative study that found fingerprint checks cost the state roughly $74–$118 each; advocates using employer data estimated up to $700,000 in annual savings from eliminating some redundant fingerprints. Sponsor Farivar and advocates stressed the bill would not change disqualifying crime lists already in statute.

Where things stand: the committee did not take a final vote. Representative Farivar said stakeholders had worked to refine language and she asked committee members for input. Testimony totals reported to the committee were 226 sign‑ins on HB 1395 (190 pro, 12 con, 24 other) and seven witnesses at the hearing.

Implementation considerations: the bill will require administrative rules and clear client notification procedures; consumer advocates asked the committee to preserve sufficient oversight so clients are not placed at undue risk while reviews proceed.