TABLE OF CONTENTS. Quick Summary of Background Check Requirements

Transcription

1 TABLE OF CONTENTS I. Introduction II. Quick Summary of Background Check Requirements A. Which Facilities or Organizations Must Request Criminal Background Checks on Their Staff and Under Which Law? B. Summary Points of the Department of Human Services Background Studies Act and Kari Koskinen Manager Background Check Act C. Applicability of Criminal Background Check Requirements to Staff D. Disqualifying Crimes Comparison III. Background Studies for All Facilities, Agencies and Programs Licensed or Registered by the Departments of Health and Human Services A. Summary B. Flow Chart of DHS Background Check Process C. Key Definitions D. Commonly Asked Questions About Criminal Background Study Provisions for Licensed Providers Which providers must request a DHS background study on individuals under this law? Senior Housing Supplemental Nursing Services Agencies Personnel agencies, educational programs and unlicensed professional services agencies Failure to comply with requirements What happens when an individual affiliated with an agency is disqualified? Individual Responsibilities Agency responsibilities Which individuals must have background studies? Background studies for Home Care or Hospice Providers When and how often must individuals be studied? MDH-licensed facilities and agencies DHS-licensed programs Supplemental Nursing Services Agencies or Other Personnel Agencies, Professional Agencies or Educational Programs

2 When is only one study required? Continuous Affiliation/Breaks in Services Examples Background studies for individuals who have already been studied or work for multiple providers Repeat Background Studies are Unnecessary for Physicians What happens if an individual has a future conviction for a disqualifying crime? How will the provider be notified? Who conducts the criminal background studies? What information is included in a background study? BCA Records Maltreatment Records Juvenile Records What type of information is sought when DHS needs more time to complete a background study? Fingerprints Border communities How does a provider request a criminal background study? The background study form Facility identification number required on background study form Electronic transmission of background study information How NETStudy Works What happens if an individual refuses to complete the background study form or won t consent to a study? How much does it cost to conduct a background study? How long will it take to receive a response from DHS on an employee? What if the provider knows or has been told that an individual may have a criminal or maltreatment history? What are disqualifying events? Crimes Disqualifications for events other than convictions Substantiated Maltreatment Disqualification for Licensed Professionals Permanent disqualification for nurse aides ii

3 What information will DHS send to the organization initiating the study? The individual is not disqualified DHS needs additional time to complete the study The individual is disqualified and poses a risk of harm Basis for immediate risk of harm determination What information will DHS send to the individual who is being studied? The individual is not disqualified DHS needs additional time to complete the study The individual is disqualified How does an individual submit a request for reconsideration of a disqualification to the department? Who is responsible to initiate the reconsideration process? How much time does the individual have to request reconsideration? How does an individual request reconsideration? What must an individual prove in order to have the disqualification removed or set aside? Accuracy Challenges Risk of Harm Challenges How long will the reconsideration process take? How will the licensing department notify the individual and the provider of its reconsideration decision? Disqualification set aside Immediate removal notice What other methods exist to contest a disqualification or have it set aside? What are the employment implications? Exemption from Criminal Offenders Rehabilitation Act Termination Civil liability protection Unemployment Compensation Claims Liability when a study was conducted What documentation must an organization maintain in its records? iii

4 IV. Kari Koskinen Manager Background Check Act A. Summary B. Process for Conducting Criminal Background Checks under the Koskinen Act (flow chart) C. Key Definitions D. Commonly Asked Questions About the Kari Koskinen Manager Background Check Act What buildings are covered by the Koskinen Act? Who must be checked under the Koskinen Act? Exceptions Home Care Staff Senior Home Companion Volunteers When must managers be checked? Who is authorized by law to conduct these checks? Equivalent background checks Criminal background check vendors How does an owner request a criminal background check? Fingerprints BCA Fees What rights does a manager have under the Koskinen Act How long does a background check take? What information will the owner receive from the BCA? How do I decide which vendor to use to conduct background checks? Can an employer pass on the cost of a background check to the subject of the check? How often do current employees need to be checked? What are the disqualifying crimes under the Koskinen Act? What are the exceptions to the disqualification requirement? What recourse can be taken when a manager is also a tenant? Manager s Rights as a Tenant iv

5 What are the employment implications? Notice to manager regarding employment decisions based on criminal background study results Immunity What is the penalty for non-compliance? Additional issues to consider beyond the scope of the Koskinen act V. Criminal Background Check Laws Background studies on licensees and supplemental nursing services agency personnel (Minnesota Statutes ) Home Care Law requiring background studies on owners and managerial officials (Minnesota Statutes 144A.46, subd. 5) Supplemental Nursing Services Agencies (Minnesota Statutes 144A.70 to 144A.74) Employers Prohibited from Passing on Background Check Fees to Employees (Minnesota Statutes ) Responsibilities of Licensing Boards (Minnesota Statutes ) The Department of Human Services Background Studies Act (Minnesota Statutes Chapter 245C) Unemployment Insurance (Minnesota Statute, ) Kari Koskinen Manager Background Check Act (Minnesota Statutes 299C.66 to 299C.71) Criminal Offenders, Rehabilitation (Minnesota Statutes ) VI. References Attachment 1: Volunteers Attachment 2: Disqualifying Characteristics (DHS Background Studies Act) Attachment 3: Contractors Attachment 4: Background study order forms Attachment 5: Targeted Misdemeanors Attachment 6A, B & C: Fair Credit Reporting Act information Attachment 7A, B1, & B2: How to read criminal history records Attachment 8: MHCP Provider Enrollment Forms Attachment 9: Consent Forms v