September 6, 2007
DPHHS Forming Workgroup to Study Direct Care Workers Issue
A workgroup to study the issue of requiring criminal background checks for direct care workers in Montana is now being formed, the state Department of Public Health and Human Services (DPHHS) has announced.
Quality Assurance Division administrator Jeff Buska of DPHHS said the 15-member volunteer group will be asked to prepare recommendations on the topic for the 2009 Legislature.
Anyone who is interested in serving on the workgroup and/or has related experience is encouraged to contact DPHHS. “We’d like to make the workgroup as diverse as possible,” he said.
However, Buska said it would be extremely helpful to have input from a consumer who utilizes direct care worker services. Also, a management level representative is needed from the health care provider field, such as from an assisted living facility, nursing home or group home.
In Montana, direct care workers are those who provide care for individuals of all ages with disabilities or impairments. The profession covers a wide range of specific jobs in the medical field including those who are certified nurse assistants, home health or medication aides, offer hospice care or serve as a personal attendant.
The workgroup is being formed as a direct result of Senate Joint Resolution No.7 from the 2007 Legislature. The resolution directs DPHHS and the Department of Justice to examine the issue and offer recommendations to the 61st Legislature.
The fact that other neighboring states already require background checks is one factor the Legislature considered in its debate, Buska said.
If made into law, the measure could provide an extra safeguard for protecting the state’s most vulnerable citizens. “There is a concern that if Montana doesn’t have a background check in place people who aren’t allowed to work in the field in other states will come here,” he said.
However, what works in other states may not be the answer in this state. “Before we go into another Legislative session we want to have a group study the issue and figure out what is in the best interests of Montana,” he said.
Anyone interested in being selected to the workgroup can either email or write a letter of interest to:
Department of Public Health and Human Services
c/o Director Joan Miles
P.O. Box 4210
Helena, MT 59604
All emails should be sent to jmiles@mt.gov.
Letters and emails will be accepted until Sept. 24, 2007. In the correspondence, please include your interest, background, your organization, and the time you can dedicate to this project. The group will be selected by Oct. 8, 2007 and will begin meeting shortly thereafter.
The names of those not chosen will be placed on an interested parties list.
Buska estimates the group will meet in Helena three to four times over the course of several months before finalizing the recommendations by summer 2008.
The topics the workgroup will be asked to make recommendations on include:
- Identify and define all programs or services that are provided, funded, or regulated by DPHHS where criminal background checks should be required.
- Define “Direct Care Workers.”
- Outline and discuss a process for individuals or providers to complete criminal background checks.
- Discuss and identify a list of disqualifying events or crimes that would preclude employment.
- Discuss and establish an appeals process.
- Discuss and identify options and estimated costs and/or sources of funding related to implementation.
To read the final version of Senate Joint Resolution No. 7 in PDF format go to
http://data.opi.mt.gov/bills/2007/billpdf/SJ0007.pdf
For more information contact Quality Assurance Division staff including:
- Jeff Buska, 406-444-5401, jbuska@mt.gov.
- Jill Caldwell, 406-444-2038, jcaldwell@mt.gov
- Becky Fleming-Siebenaler, 406-444-7770, bfleming@mt.gov
Or, visit the DPHHS web site at www.dphhs.mt.gov.

