Louisiana senator calls for repeal of new health care background check law

(The Center Square) — A Louisiana senator called for the repeal of a law backed by state Attorney General Liz Murrill after health care providers raised concerns that new criminal background check requirements are making it harder to hire workers, particularly in rural communities.

Earlier this year, the Legislature changed how criminal background checks are conducted for certain health care workers, including nursing assistants and other employees who provide direct patient care.

One of the biggest changes involves fingerprinting. If a background check identifies an arrest record that might belong to an applicant, the applicant must submit fingerprints to verify whether the record is theirs. The fingerprints are then checked against federal criminal history records maintained by the FBI.

The new requirements took effect Oct. 1, giving health care providers limited time to adjust their hiring procedures.

The legislation also added a federal background check component, prompting Louisiana State Police to move affected health care providers into its Louisiana Applicant Processing System, known as LAPS.

Sen. Patrick McMath, R-Mandeville, who chairs the Senate Health and Welfare Committee, said lawmakers should “strongly consider” repealing Act 802, which was passed during the spring legislative session.

“Of the legislation we’ve butchered, I think this is one of the top ones in my eyes,” Sen. Thomas Pressly said. “This wasn’t very well thought out, and the implementation has been absolutely abysmal.”

Roughly 25% of initial background checks reportedly produce a possible match, requiring applicants to undergo fingerprint verification. But fingerprinting locations are limited in some rural parishes, potentially forcing applicants to travel long distances or wait for appointments before completing the hiring process.

Louisiana Department of Health Secretary Bruce Greenstein acknowledged the concerns Tuesday, saying his agency is working to give providers flexibility as they adjust to the new requirements.

Greenstein said the department has already made adjustments to its licensing and inspection operations in anticipation of providers struggling to comply with the Oct. 1 deadline.

“The providers’ concerns to us was there’s a lot to do in a short period of time,” Greenstein said, adding that some facilities will likely find themselves out of compliance as they navigate the new procedures.

Providers have asked the department to consider those circumstances before imposing penalties, including sanctions or license revocations.

Greenstein said the department intends to work with State Police and health care providers to ease the transition without compromising patient safety. However, he stopped short of committing to a formal grace period or suspending enforcement of the law.

“Our goal is never to be out of compliance with the law. We’re gonna uphold the law,” Greenstein said. “We’re gonna do it with an understanding that there’s a transition period.”

Greenstein also defended the legislation’s intent, saying stronger screening is particularly important for employees who work directly with vulnerable patients, sometimes inside their homes.

He said the department issued guidance to providers last week and plans additional meetings to address implementation concerns.

Asked whether the new requirements could increase hiring costs for health care facilities, Greenstein said he had not reviewed the pricing structure and could not assess those concerns.

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