Data System Check For Employees Serving At-risk Adults

The bill establishes a state-level program (program) within the department of human services (department) for a check of the department's Colorado adult protective services (CAPS) data system. The CAPS check verifies whether a person is substantiated in a case of mistreatment of an at-risk adult, as defined in the bill. A person must be substantiated in a case of mistreatment of an at-risk adult, and the administrative appeals process must be concluded, before the person's name is included in a CAPS check for an employer.

On and after a date stated in the bill, the bill requires certain employers at facilities or programs that serve at-risk adults to request a CAPS check prior to hiring employees who will provide direct care, as defined in the bill, to at-risk adults.

The bill grants immunity from civil liability for employers who make an employment decision based upon the information obtained in the CAPS check, unless the employer knows that the information is false.

The bill requires the department to promulgate rules relating to the investigation of reports of mistreatment of at-risk adults and the notification of perpetrators of the finding and of the right to administrative appeal to the department. The department shall provide training to county departments of human or social services relating to investigations, the accurate entry of documentation into CAPS, and confidentiality of information.

Further, the department shall promulgate rules concerning the process and procedures for the CAPS check, including rules relating to submitting a CAPS check request, the timeline for completion of a CAPS check, the employer-paid fee for each check, department personnel granted access to CAPS, information provided to an employer as part of a CAPS check, the consequences of the improper release of the information in CAPS, and the expungement of records in CAPS.

A person who improperly releases or willfully permits the release of CAPS information to persons not entitled to access to the information pursuant to the program commits a class 1 misdemeanor.

The list of employers required to request a CAPS check includes:

• Health facilities licensed by the department of public health and environment;
• An adult day care facility;
• A community integrated health care service agency;
• A community-centered board or service agency;
• A single entry point agency;
• An area agency on aging;
• A facility operated by the department for persons with mental illness;
• A facility operated by the department for persons with intellectual and developmental disabilities; and
• A veterans community living center.

County departments of human or social services are required to conduct a CAPS check of adult protective services employees. The department is authorized to assess a fee for each CAPS check sufficient to cover certain expenses, including those related to the CAPS check.

The bill includes conforming amendments concerning the CAPS check requirement in statutes relating to employers subject to the requirement.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)