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Bill

HB 4599

Relating to the WV Cares background check variance process

2026 Regular Session Introduced by Adam Burkhammer and 2 co-sponsors

The bill standardizes and speeds WV Cares variance decisions, clarifies mitigating factors, and streamlines re-engagement timelines for those with disqualifying findings.

Chapter 139, Acts, Regular Session, 2026
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Bill Summary · HB 4599

Overview

Bill: HB 4599 (2026) from West Virginia Meant to modify the WV Cares background check variance process under the WV Clearance for Access: Registry and Employment Screening Act. The measure enacts changes to prescreening, variance procedures, review timelines, and provisions for subsequent employment.

Purpose and intent

  • Modernize and clarify the background check variance process used when an individual receives a disqualifying finding under WV Cares.
  • Establish explicit review timelines and deadlines to streamline determinations on variances and continued eligibility for employment or engagement with covered providers or contractors.

Key provisions and changes

  • §16B-15-3 (Prescreening and criminal background checks)

    • General rule remains: employers/covered providers/contractors cannot engage an applicant before completing the background check process, subject to exceptions in the act.
    • If a negative finding occurs in prescreening registries/databases, the employer must notify the applicant.
    • A negative prescreening finding generally prevents immediate engagement by the employer/agency.
    • If no negative finding, the applicant must submit fingerprint-based state and federal background checks.
    • State Police must notify the Inspector General of the results.
    • If the director’s review finds no disqualifying offense, written notice is provided that the individual may be engaged.
    • Applicants must submit to a subsequent required prescreening/background check within a window: at least 90 days prior but no later than 60 days before expiration of the clearance; director must review and approve to avoid lapse.

  • §16B-15-5 (Variance; appeals)

    • If a director issues an ineligibility notice, the applicant or employer may file a written variance request within 30 days.
    • The director may grant a variance if mitigating circumstances are shown and the individual would not pose a danger to residents, property, or personnel.
    • The director must establish, by legislative rule, factors that qualify as mitigating circumstances.
    • Written decision timeline: the director must issue a decision within 60 days of receipt; notification to the applicant and to the employer/covered provider within 30 days if the request is submitted after ineligibility, or within 60 days if submitted with the initial application.
    • Provisions for accuracy challenges to state or federal criminal history records (State Police and FBI processes) and de novo review by the Inspector General if corrections occur.

  • §16B-15-7 (Clearance for subsequent employment)

    • An applicant is not required to re-fingerprint or re-check if:
    • They have previously submitted to fingerprinting and a full background check as required,
    • The prior check showed no disqualifying offense or they had an approved variance, and
    • The Rap Back Program has not identified any disqualifying activity.
    • If applicable, the director must provide notice of prior clearance or approved variance for direct access status within 10 days upon request by a subsequent bureau/covered provider/contractor.

Who is affected

  • Applicants undergoing WV Cares background checks who face a disqualifying finding.
  • Employers, covered providers, and covered contractors seeking to employ or engage individuals with WV Cares disclosures.
  • The WV Inspector General, State Police, and the director (as defined in WV Cares) who administer prescreening, variance, and appeals processes.
  • Entities subject to rulemaking for mitigating circumstances factors.

Procedural and timeline aspects

  • Clear timeframes for variance requests: within 30 days of an ineligibility notice.
  • Timelines for director decisions: written decisions within 60 days of receipt (with notification within 30 or 60 days depending on timing).
  • Annual or ongoing cycle for prescreening updates: 90 days prior to expiration and no later than 60 days before expiration.
  • Appeals and de novo review rights if records are challenged or corrected.
  • Clarifies smooth transition to direct access status upon request, within 10 days, for those with prior clearance or approved variance.

Notes

  • The bill emphasizes mitigating circumstances as a basis for variances and adds rulemaking to define those factors.
  • It preserves safeguards while aiming to shorten delays in determining eligibility and re-engagement for care-related employment.

Compiled from official sources — confirm details with the bill’s official record.

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