Homecare Workers & Criminal Records Checks

Transcription

1 Homecare Workers & Criminal Records Checks December 2010 Prepared by Jenny Cokeley, In-Home Services & Kelly Myrick-Duckett, Background Check Unit

2 Homecare Worker Rule Changes Temporary rules took effect 7/1/10 as a result of ORS (House Bill 2442) Criminal Records Check ( ) rules were temporarily adopted to include the list of disqualifying crimes listed in ORS & are now permanent.

3 What is HB 2442? Legislation that prohibits the use of public funds to support, in whole or in part, the employment in any capacity of individuals (includes DHS employees) who have specific convictions and have contact with: Recipients of home health or in-home care agency services Individuals receiving support services from HCWs, personal care assistants, & respite care providers Residents of RCF s, ALF s, and AFH s Residents of mental health residential treatment facilities or residential treatment homes Individuals receiving services through a developmental disability program

4 What is on the list of disqualifying crimes? The crimes involve violence, harm to children, serious theft, identity theft, and sex crimes if convicted, they can never be a homecare worker (regardless of when the crime was committed & who they are providing care for) if they were hired on or after July 28, 2009 The complete list of disqualifying crimes can be found at: 2.pdf

5 Disqualifying Crimes (cont.) If the individual has a conviction for delivery or manufacturing of drugs in the past 10 years and they were hired on or after July 28, 2009, they cannot work as a HCW.

6 New HCW Applicants If an applicant discloses a HB2442 crime on the 301 or it shows up on LEDS, fax it to BCU at Do not hire the individual on a preliminary basis. The BCU will review the 301, and if ORS (HB 2442) crimes are confirmed, they will deny the SI.

7 New HCW Applicants (cont) When denied, BCU will send the SI the denied 301 and an informational letter. BCU will contact the AD or CP at the local office.

8 Current HCW Rechecks hired prior to July 28, 2009 On the 301, mark the recheck box, list the provider number, and indicate the original start date. If a HB 2442 crime has been disclosed or shows up on LEDS, fax to BCU. BCU will check HINQ and ACCESS to determine if the HCW has had a break in service or has been working consistently.

9 Hired prior to July 28, 2009 (cont.) All the HB 2442 crimes are on the permanent review list & this would go through the normal weighing process. BCU is currently conducting the weighing tests. HCWs are exempt from HB 2442 as long as their credentials have remained in active status.

10 HCWs hired on or after July 28, 2009 Follows the same recheck procedure as those hired before July 28, Are not exempt from HB Will not be allowed to continue working as a HCW & must be removed from the job. Send SDS 0613c (Notice of Termination of Homecare Provider Enrollment and Number Based on Criminal History).

11 Reapplying to be a HCW HCWs whose provider numbers have been inactivated will be treated as new applicants and will be subject to HB 2242 (even if they had been HCWs before July 28, 2009). Follow the same procedure described under New HCW Applicants. Send SDS 0613d (Notice of Denial of Homecare Worker Enrollment).

12 Weighing Test Considerations Details of the incident leading to the charges Age of the SI at the time of the crime Facts that support the conviction Passage of time since the crime State or federal laws, regulations, or rules Other information related to criminal activity including charges, arrests, pending indictments, & convictions

13 Weighing Test Considerations Status of and compliance with parole, postprison supervision, or probation Evidence of alcohol or drug issues directly related to criminal activity Evidence of other treatment or rehab related to criminal activity Likelihood of repetition

14 Weighing Test Considerations Changes in circumstances subsequent to the criminal activity: History of high school, college, or other education related accomplishments Work history (employee or volunteer) History re: licensure, certification, or training for licensure or certification Written recommendations from current or past employers (including client-employers) Indication of cooperation, honesty, making a false statement during the criminal records check process Relevancy of the criminal activity to the paid or volunteer position

15 Questions about HB 2442 Contact BCU at or