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Posted: November 27, 2018
The Colorado general assembly has created a new law requiring certain Colorado Employers within the healthcare industry to conduct a check of the Colorado Adult Protective Services (APS) data system, known as CAPS, to determine whether that applicant has been substantiated of physical or sexual abuse, caretaker neglect, or exploitation of an at-risk adult.
Info Cubic will begin offering a “Colorado CAPS Check” search starting January 1, 2019, to help ensure our Colorado clients can effortlessly comply with the new statute.
Colorado Revised Statute § 26-3.1-111 was implemented to help minimize the potential for employment of people with a history of mistreatment of at-risk adults in positions that would allow those people unsupervised access to these adults.
Starting January 1, 2019, employers belonging to certain healthcare agencies will be required to request a CAPS Check before hiring or contracting with any employee who will provide direct care to an at-risk adult.
While employers must request the CAPS search prior to hiring or contracting with the employee, the statute does not prohibit the employer from hiring or contracting the employee prior to receiving the results.
Licensed health facilities, adult day care facilities and community integrated healthcare service agencies, such as acute treatment units, assisted-living residences, birth centers, community clinics, community mental health centers, home health agencies, hospitals and nursing homes are some of the organizations required to request a CAPS Check prior to hiring an employee who will be providing direct care to at-risk adults. For a full list, please visit the Colorado APS site.
Employers, such as those listed above, must register with the CAPS Check Unit (CCU) prior to requesting and receiving CAPS Check data. Registration is tentatively set to begin December 1, 2018. We recommend registering as soon as possible to ensure you are set up and approved in time for the January 1, 2019, implementation date. Once registered, contact us to get further set up, allowing us to process these for you easily and efficiently.