West Virginia legislation · 2026 Regular Session
West Virginia HB4599: Relating to the WV Cares background check variance process
Status: Signed into law, March 17, 2026
What the bill says
An act to amend and reenact §16B-15-3, §16B-15-5 and §16B-15-7 of the Code of West Virginia, 1931, as amended, relating to modifying the West Virginia Clearance for establishing a review timeline; and establishing deadlines. ARTICLE 15. WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT. §16B-15-3. Prescreening and criminal background checks. (a) Except as otherwise permitted in this article, the department, covered provider, or covered contractor may not employ or engage an applicant prior to completing the background check process. (b) If the applicant has a negative f.
From the enrolled text, March 9, 2026:
AN ACT to amend and reenact §16B-15-3, §16B-15-5 and §16B-15-7 of the Code of West Virginia, 1931, as amended, relating to modifying the West Virginia Clearance for establishing a review timeline; and establishing deadlines. ARTICLE 15. WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT. §16B-15-3. Prescreening and criminal background checks. (a) Except as otherwise permitted in this article, the department, covered provider, or covered contractor may not employ or engage an applicant prior to completing the background check process. (b) If the applicant has a negative finding on any required prescreening registry or database, the employer shall notify the individual of such finding. (c) If the applicant has a negative finding on any required prescreening registry or database, that individual may not immediately be engaged by the department, covered provider, or covered contractor. (d) If the applicant does not have a negative finding in the prescreening process, the applicant shall submit to fingerprinting for a state and federal criminal history record information check. (e) The State Police shall notify the Inspector General of the results of the criminal history record information check. (f) If the director's review of the criminal history record information reveals that the applicant does not have a disqualifying offense, the director shall provide written notice to the department's bureau, covered provider, or covered contractor …