TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 25 [27]

BACKGROUND CHECKS

56-2504 [56-2704].  individuals subject to background check. (1) The following individuals or classes of individuals, license applicants, certificate holders, members of vocations or professions, position holders, and any employees, contractors, agents, or volunteers for one of the listed entities or programs with direct access to children, elderly, or vulnerable adults shall be subject to a background check pursuant to this chapter:

(a)  Adoptive parent applicants under chapter 15, title 16, Idaho Code;

(b)  Children’s agencies, children’s residential care facilities, children’s therapeutic outdoor programs, and licensed foster care under chapter 12, title 39, Idaho Code;

(c)  Licensed daycare facilities under chapter 11, title 39, Idaho Code;

(d)  Citizen review panel members under section 16-1647, Idaho Code;

(e)  The Idaho child care program under department rule;

(f)  Certified family homes under chapter 35, title 39, Idaho Code;

(g)  Home health agencies;

(h)  Personal assistance agencies;

(i)  Personal care services providers;

(j)  Residential care or assisted living facilities under chapter 33, title 39, Idaho Code;

(k)  Skilled nursing facilities and intermediate care facilities for individuals with intellectual disabilities under chapter 13, title 39, Idaho Code;

(l)  Temporary caregivers under chapter 18, title 32, Idaho Code;

(m)  Medicaid providers who are categorized by the department as high-risk pursuant to 42 CFR 455.450;

(n)  Home-based and community-based services;

(o)  The Idaho behavioral health plan under department rule;

(p)  Children’s mental health services under chapter 24, title 16, Idaho Code;

(q)  Substance use disorder services under chapter 3, title 39, Idaho Code;

(r)  Adult behavioral health services under chapter 31, title 39, Idaho Code;

(s)  Developmental disabilities agencies;

(t)  Service coordinators and paraprofessionals under department rule;

(u)  Support brokers and community support workers under department rule;

(v)  Contracted nonemergency medical transport providers;

(w)  Emergency medical services personnel licensed under chapter 9, title 46, Idaho Code;

(x)  Court-appointed guardians and conservators under chapter 12, title 15, Idaho Code, or chapter 4, title 66, Idaho Code;

(y)  Designated examiners and dispositioners under chapter 3, title 66, Idaho Code; and

(z)  Any other specific categories of individuals or classes of individuals for whom the department requires a background check pursuant to Idaho law.

(2)  Employees, contractors, and volunteers of the department who require a background check include those who:

(a)  Provide direct care services or have access to children, elderly, or vulnerable adults;

(b)  Are permitted access to federal tax information;

(c)  Conduct background checks; or

(d)  Are permitted access to confidential information or systems within the scope of their duties while investigating fraud, waste, or abuse.

History:

[(56-2704) 56-2504, added 2026, ch. 220, sec. 1, p. 919.]