SB 449 would tighten criminal background-check requirements for employees of home health agencies and personal services agencies in Indiana. Under current law, these providers are already barred from employing certain people with specified convictions, including rape, exploitation of an endangered adult, failure to report abuse or neglect of an endangered adult, and some theft convictions. The bill adds a requirement that agencies complete a national criminal history background check or expanded criminal history check at least annually for each employee who provides services in a patient’s or client’s home.
The bill also reinforces the existing 21-day limit on employing a person before receiving the required background check, while preserving exceptions when delays are caused by the state police, the FBI, or a private background-check vendor. In addition, SB 449 increases the financial penalty for a violation in the most serious circumstance: if an agency employs a person with a disqualifying conviction and that employee’s care results in the death of a patient or client, the bill requires a $250,000 judgment against the agency.
Impact
SB 449 would amend Indiana Code chapter 16-27-2 governing home health agencies and personal services agencies. Its main legal effect is to impose an annual background-check obligation on agencies for in-home care workers and to strengthen the civil penalty structure for noncompliance. The bill would affect home health agencies, personal services agencies, their employees, and patients or clients receiving care in temporary or permanent residences, while leaving the underlying disqualifying offenses largely unchanged.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the overall sentiment appears to be precautionary and patient-safety oriented. The measure is framed as a consumer-protection and oversight bill aimed at reducing the risk of harm from caregivers with disqualifying criminal histories. No opposing arguments or amendments are reflected in the available materials, so there is no documented controversy in the record provided.
Contention
The main point of potential contention is the compliance burden on home health and personal services agencies, which would have to conduct annual checks and manage the 21-day hiring window while awaiting results. Agencies may also be concerned about the heightened $250,000 judgment tied to a death resulting from care by a disqualified employee, since it creates substantial liability exposure. On the other side, the bill’s apparent supporters would likely emphasize patient safety, elder protection, and stronger accountability for in-home care providers.