SB 5568

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Human Services, Reentry & Rehabilitation, February 12, 2019

Title: An act relating to certain providers sharing background checks.

Brief Description: Concerning certain providers sharing background checks.

Sponsors: Senators Wilson, C., Darneille and Nguyen; by request of Department of Social and Health Services.

Brief History:

Committee Activity: Human Services, Reentry & Rehabilitation: 2/06/19, 2/12/19 [DPS].

Brief Summary of First Substitute Bill

  • Permits specified providers to share copies of criminal background checks with each other.

  • Allows the Department of Social and Health Services to maintain a criminal background check database.

  • Adds definitions for completed criminal background check information, background check database, and provider.


Majority Report: That Substitute Senate Bill No. 5568 be substituted therefor, and the substitute bill do pass.

Signed by Senators Darneille, Chair; Nguyen, Vice Chair; Walsh, Ranking Member; O'Ban, Wilson, C. and Zeiger.

Staff: Keri Waterland (786-7490)

Background: The Background Check Central Unit (BCCU) in the Department of Social and Health Services (DSHS) uses a centralized database to conduct over 330,000 background checks annually, including approximately 100,000 fingerprint-based checks for programs and authorized service providers who serve vulnerable adults, juveniles, and children. DSHS authorized service providers include, but are not limited to:

Health care facility means a licensed nursing home, a licensed assisted living facility, or a licensed adult family home.

In-home services agency means a person licensed to administer or provide home health, home care, hospice services, or hospice care center services directly or through a contract arrangement to individuals in a place of temporary or permanent residence.

Community residential service business means a business that is certified by DSHS to provide to individuals who have a developmental disability:

A community residential service business has a contract with the developmental disabilities administration to provide services, and all of the business's long-term care workers are subject to statutory or regulatory training requirements required to provide the services.

Consumer directed employer is a private entity contracting with DSHS to be the legal employer of individual providers for purposes of performing administrative functions. The consumer directed employer is patterned after the agency with choice model, recognized by the federal centers for Medicare and Medicaid services for financial management in consumer directed programs. The consumer directed employer is a social service agency and its employees are mandated reporters. The entity's responsibilities are:

Long-term care workers include all persons who provide paid, hands-on personal care services for the elderly or persons with disabilities, including but not limited to:

Long-term care workers do not include:

Enhanced services facility means a facility that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by DSHS to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues.

Summary of Bill (First Substitute): The definition of health care facility is updated to include enhanced services facilities.

The following providers may share copies of completed criminal background checks:

DSHS may maintain a criminal background check database.

Businesses or organizations may use the background check database in accordance with rules adopted by DSHS, if they are required to complete background checks for long-term care workers.

The definition of background check database is a web-based background check system maintained by DSHS and used by authorized internal and external entities to submit background check requests; receive results based on name and date of birth, fingerprint identification, or any other method of positive identification; review state and federal criminal history records; and process the results of background checks—criminal background inquiry information.

The definition of completed criminal background check information is the results only from a processed background check and does not include any criminal records, commercial records, or financial records of an individual.

The definition of provider is any one of the following types of entities: a health care facility; an in-home services agency; a community residential service business; a consumer-directed employer; or an enhanced services facility.


Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill: The committee recommended a different version of the bill than what was heard. PRO: Many employees in this field switch employers regularly. This bill eliminates redundant background checks and gaps in the system so people can get to work faster. We anticipate an amendment that clarifies definitions in the bill, after review of other stakeholders.

Persons Testifying: PRO: Senator Claire Wilson, Prime Sponsor; Deborah Roberts, DSHS—Developmental Disabilities Administration.

Persons Signed In To Testify But Not Testifying: No one.