Blog

 
     

New Administrative Rules for Ohio Home Health Agencies

By Michael Klazema on 12/31/2012

New administrative rules proposed by the Ohio Department of Health relating to criminal background checks of employees and prospective employees of home health agencies become effective January 1, 2013.

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

  1. a person who is paid directly by the home health agency;
  2. a person who contracts as an independent contractor to provide direct care on behalf of the home health agency;
  3. a person who provides direct care on behalf of a home health agency pursuant to a contract between the home health agency and another business entity; and,
  4. a person referred to the home health agency by an employment service or staffing pool.

“Direct care” includes skilled nursing case, 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:

  1. The “System for Award Management” maintained by the United States general services administration, available at http://www.sam.gov/;
  2. The list of excluded individuals and entities maintained by the office of inspector general in the United States department of health and human services, available at http://exclusions.oig.hhs.gov/;
  3. The registry of employees guilty of abuse, neglect, or misappropriation maintained by the Ohio department of developmental disabilities, available at https://its.prodapps.dodd.ohio.gov/ABR_Default.aspx;
  4. The sex offender and child-victim database maintained by the Ohio attorney general, available at http://www.icrimewatch.net/index.php?AgencyID=55149&disc=;
  5. The database of inmates maintained by the Ohio Department of Rehabilitation and Correction, available at http://www.icrimewatch.net/index.php?AgencyID=55149&disc=;
  6. The Ohio nurse aide registry, maintained by the Ohio department of health, available at https://odhgateway.odh.ohio.gov/nar/nar_registry_search.aspx. If the applicant does not present proof of having lived in Ohio in the preceding five-year period, a review of the nurse aide registry in the state or states in which the applicant lived must be conducted.

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 offenses” 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 offense committed.

Home Health Agencies must conduct criminal background checks on current employees hired (1) prior to January 1, 2008, no later than thirty days after the anniversary of the employee’s hire date, and (2) on and after January 1, 2008, no later than thirty days after the fifth anniversary of the employee’s hire date, and at least once every five years thereafter.

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 consideration 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

If you have any questions, please contact client services.

Tag Cloud
Categories
Recent Posts

Latest News

  • July 17 — Hourly Employee Screening: What Makes It Unique and Important infographic?Modern employers conduct background checks on most of the people they hire. These checks are most often used to screen full-time salaried workers. Part-timers and hourly employees are typically less likely to face a thorough background check or even go through a background screening at all. According to a survey conducted by HR.com, 67 percent of employers screen all of their part-time employees, compared to 83 percent of their full-time employees.
  • July 17 A Kentucky school district recently decided to stop paying for volunteer background checks. Going forward, volunteers will be expected to cover the cost of their own checks, which is $10 per person.
  • July 12 Seeking fresh employees for businesses, some states seek to reduce the number of people denied employment based on old or nonviolent crimes.
  • July 11 Multinational aerospace company - Safran Group - trusts backgroundchecks.com to screen new hires, The products they manufacture can have major implications for aircraft safety and worldwide security. As such, the company needs to be extremely careful and deliberate about who it trusts to join the organization.
  • July 11 Recently cited for driving too fast? Here’s what a speeding ticket will do to your background check report.
  • July 10

    Could your business be vulnerable to employee theft? Protect yourself with more thorough background checks.


  • July 09 While Social Security Numbers aren’t required for criminal history checks, they can be beneficial. Here’s why.
  • July 05

    In June, Chicago Public Schools came under fire after a Chicago Tribune piece accused the district of not protecting students from sexual abusers. The district has announced plans to run background checks on all employees.


  • July 04 — How important are volunteer background checks? Do they even matter?
    Organizations that rely in part on volunteer labor consistently find themselves asking these questions. The assumption is usually that volunteer background checks are less important than background checks for full-time or part-time employees. According to a CareerBuilder survey from 2016, 72 percent of employers conduct background checks on all employees. A parallel statistic isn’t even available for volunteer checks. They are less common – and less valued.
  • July 03 #MeToo harassment allegations continue to reshape workplaces in every industry. As a result, many companies are looking to safeguard themselves from liability.