Engrossed Senate Bill (H)

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DIGEST

Drug testing of home health care employees. Requires home health agencies to drug test job applicants and employees who come in direct contact with patients. Exempts from drug testing licensed home health employees employed by a home health agency owned by a licensed hospital. Requires drug testing to occur at least annually. Allows for random drug testing and testing upon reasonable suspicion of illegal controlled substance use. Requires verification of a positive drug test, and requires the employee to pay for the verification test. Specifies that, unless an employee has a valid prescription for the substance for which the employee Drug testing of home health care employees. Requires home health agencies to drug test job applicants and employees who come in direct contact with patients. Exempts from drug testing licensed home health employees employed by a home health agency owned by a licensed hospital. Requires drug testing to occur at least annually. Allows for random drug testing and testing upon reasonable suspicion of illegal controlled substance use. Requires verification of a positive drug test, and requires the employee to pay for the verification test. Specifies that, unless an employee has a valid prescription for the substance for which the employee tests positive on a drug test, a home health agency shall either discharge an employee or suspend an employee from direct contact with patients for at least six months if the drug test is positive. Specifies that a home health agency that discharges or suspends an employee or refuses to hire a job applicant because of a positive drug test is considered to have discharged, suspended, or refused to hire for just cause. Provides that a home health agency, when acting in good faith and in compliance with state law, is immune from civil liability for conducting employee drug testing or taking an employee disciplinary action or discharging an employee as the result of employee drug testing. Provides that immunity does not apply to actions that constitute gross negligence or wanton misconduct. ... View more