2005 Senate Bill 621 / 2006 Public Act 28

Mandate nursing home annual criminal background checks

Introduced in the Senate

June 21, 2005

Introduced by Sen. Patricia Birkholz (R-24)

To require nursing homes to perform annual criminal background checks on all employees; and to prohibit a person from working in a nursing home not just on the basis of convictions for certain crimes, but also for involuntary commitment, legal incapacitation, a personal protection order, a finding of not guilty by reason of insanity, a finding of not guilty but mentally ill, and a diagnosis of mental illness. It also revises the disqualifying crimes to include drug misdemeanors.

Referred to the Committee on Senior Citizens and Veterans Affairs

Dec. 6, 2005

Reported without amendment

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Dec. 13, 2005

Substitute offered

To replace the previous version of the bill with one that gives current employees two years to submit fingerprints for background checks, establishes appeals procedures, establishes a background check process that would use an automated State Police fingerprint check system, and revised the disqualifications.

The substitute passed by voice vote

Amendment offered by Sen. Deborah Cherry (D-26)

To make explicit that a nursing home owner or operator who does not perform the mandated background checks could be sued for damages if an un-checked employee harms a resident or another employee.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To require nursing homes to perform annual criminal background checks on all employees; and to prohibit a person from working in a nursing home if he or she had been convicted of a felony within the past 15 years; a misdemeanor that involved abuse, neglect, assault, battery, criminal sexual conduct, fraud, or theft, or a similar state or federal misdemeanor, within the immediately preceding 10 years; been the subject of a substantiated finding of neglect, abuse, or misappropriation of property; or been found not guilty by reason of insanity.

Received in the House

Dec. 13, 2005

Referred to the Committee on Senior Health, Security, and Retirement

Jan. 24, 2006

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Jan. 31, 2006

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Barb Vander Veen (R-89)

To clarify certain technical requirements in the bill so that it complies with federal requirements that will allow the state to get more federal money.

The amendment passed by voice vote

Feb. 1, 2006

Passed in the House 98 to 4 (details)

To require nursing homes to perform annual criminal background checks on all employees; and to prohibit a person from working in a nursing home if he or she had been convicted of a felony within the past 15 years; a misdemeanor that involved abuse, neglect, assault, battery, criminal sexual conduct, fraud, or theft, or a similar state or federal misdemeanor, within the immediately preceding 10 years; been the subject of a substantiated finding of neglect, abuse, or misappropriation of property; or been found not guilty by reason of insanity.

Received in the Senate

Feb. 2, 2006

Passed in the Senate 36 to 0 (details)

Signed by Gov. Jennifer Granholm

Feb. 16, 2006