Attorney General Opinion No.

Clyde D. Graeber, Secretary Kansas Department of Health and Environment 400 S.W. 8th Street, Suite 200 Topeka, Kansas 66603-3930

Dear Secretary Graeber:

You request our opinion regarding certain procedures for records checks for employees of adult care homes and home health agencies. (Note: While the statutes refer to "background checks," in reality what is performed is a records check.) Your questions are the result of statutory changes that became effective on July 1, 2001.

K.S.A. 39-970 prohibits adult care homes from employing persons who have been convicted or adjudicated of certain…