HB 6040 Summary

• Requires covered facilities (nursing homes, hospitals, hospices, home health agencies, etc.) to conduct criminal history background checks on employees, independent contractors, and individuals granted clinical privileges who have direct access to patients or residents.

• Prohibits employment or privileges for individuals convicted of relevant federal crimes, serious felonies (violence, sexual conduct, abuse, weapons), or specific misdemeanors within designated timeframes (3-15 years depending on offense severity).

• Establishes procedures for conditional employment pending background check results, including written statements from applicants and supervision requirements until clearance is obtained.

• Requires the Department of State Police to maintain an automated fingerprint identification system that notifies facilities when employees are subsequently arrested or convicted of disqualifying offenses.

• Imposes criminal penalties (up to $5,000 fine and 1 year imprisonment) for facility operators who knowingly fail to conduct required background checks, and misdemeanor penalties for applicants providing false information.