New Administrative Rules for Ohio Home Health Agencies

The new rules make it mandatory that a criminal records check conducted on any applicant for a position providing direct care and on an employee who provides direct care for a home health agency, including:

“Direct care” includes skilled nursing , physical therapy, speech-language pathology, occupational therapy, medical social services, and home health aide services provided in a patient’s home.

Prior to conducting a criminal records check, the home health agency must conduct a check of the following databases:

A home health agency is prohibited from employing a person in a position involving direct care if there is any “disqualifying information” revealed in the review of the listed databases. “Disqualifying ” are too numerous to list here, but can be viewed at Ohio Administrative Code 3701-60-06, using the link below. The rules provide for a tiered exclusionary period system based on the committed.

Home Health Agencies are required to give notice to the applicant that a criminal records check will be conducted and that he or she will be required to provide a set of fingerprint impressions if the individual is for employment. In the case of an existing employee, agencies must give notice that a criminal records check will be conducted as a condition of continued employment.

The new Administrative Rules, 3701-60-01 through 3701-60-09, are available: http://www.odh.ohio.gov/rules/recentfinalrules.aspx

Get Started!

Create an Account Now