Thursday, September 18, 2014

Important Information Regarding a Change in Background Check Requirements for Home Care Agency Owners

On 8/29/14, a portal message was sent regarding changes in background check requirements for administrators / managers of home care agencies. This message is about changes to background check requirements for owners. 

New state law (House Bill 1360), effective July 1, 2014, requires background checks for an owner of a home care agency who has 50% or more ownership interest in the agency. Specifically, the law defines an owner who must undergo a background check as: a shareholder in a for-profit or non-profit corporation, a partner in a partnership or limited partnership, member in a limited liability company, a sole proprietor, or a person with a similar interest in an entity, who has at least a 50% ownership interest in the business entity. 

Owners who meet this definition are required to submit a complete set of fingerprints to the Colorado Bureau of Investigation (CBI) for the purpose of obtaining a criminal history record check utilizing the records of the CBI and the Federal Bureau of Investigation (FBI).

Submitting Background Checks to CBI:
Initial, Renewal, and Change of Ownership Applications. Since the background check for owners is now a condition of licensure, the Department will issue licenses after receiving and reviewing background check results. 

To be in compliance with the new requirement, please submit fingerprints for any owners who meet the definition above to CBI prior to or at the same time you submit your license application. (For initial, renewal and change of ownership applications submitted between July 1 2014 and the receipt of this communication, the Department will contact you regarding this requirement.) Since the processing of background checks by CBI and the Department can take upwards of three weeks, you may want to submit the fingerprints to CBI as soon as practicable. If fingerprints have previously been submitted, no further action is required.

Instructions for completing the background check process, including a sample fingerprint card and a listing of locations where fingerprinting is conducted can be found on the provider resources page for Home Care Agencies on the department's website. 

Please contact the Licensure Customer Assistance Line at (303) 692-2836 with questions.