Information in State statutes and regulations relevant to the National Background Check Program: Virginia

Similar documents
Information in State statutes and regulations relevant to the National Background Check Program: Louisiana

Information in State statutes and regulations relevant to the National Background Check Program: Arkansas

Information in State statutes and regulations relevant to the National Background Check Program: Washington

Impact of Criminal Convictions on Registration of Medication Aides and Licensure of Massage Therapist in Virginia

Nursing Assistant Career Studies Certificate

Policy S-2 FLORIDA STATE UNIVERSITY COLLEGE OF NURSING Page 1 of 2 TITLE: CRIMINAL BACKGROUND CHECK

For tuition prices please contact our school.

Employer Instructions for Use ODH Form 805 Uniform Employment Application for Nurse Aide Staff

Crime Identification Bureau (CIB) Background Checks. Bureau for Children and Families. Policy Manual. Chapter December 2005

APPLICATION FOR EMPLOYMENT Drug Free Workplace

Police may conduct these checks. The following is a summary of various methods used for background checks and the requirements for each.

NURSING REVIEW BOARD

Uniform Employment Application for Nurse Aide Staff

DEPARTMENT OF HUMAN SERVICES SOCIAL SERVICES DIVISION ADULT and COMMUNITY CARE SERVICES BRANCH

How to Apply. Volunteer Services. Becoming a volunteer. Requirements. Training. Uniform. Apply today!

Uniform Employment Application for Nurse Aide Staff

Basic Nurse Assistant Program Fall 2016 If you are interested in becoming a CNA, this information will be helpful.

Title 22: HEALTH AND WELFARE

HEALTH GENERAL PROVISIONS CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS

NIMS Credentialing Criteria for CERTs

REGISTERED OFFENDERS IN HEALTH CARE FACILITIES

Basic Nurse Assistant Program Fall 2017

BACKGROUND VERIFICATION INSTRUCTIONS

Application for Administrative Position for

Volunteers in Schools

No AN ACT. Providing for Statewide nurse aide training programs relating to nursing facilities.

Dear PN Applicant. Sincerely, The PN Program Faculty North Arkansas College

Internship Application Student Teacher Acceptance

BACKGROUND CHECK PILOT PROGRAM

DIVISION OF DISABILITY AND AGING SERVICES BACKGROUND CHECK POLICY (Draft 11/01/05)

RULES AND REGULATIONS FOR THE CERTIFICATION OF ADMINISTRATORS OF ASSISTED LIVING RESIDENCES (R ALA)

BACKGROUND CHECK PROGRAM

Basic Nurse Assistant Program Spring 2018

Volunteer Application Packet

NJ CRIMINAL HISTORY INSTRUCTIONS

Practical Nursing Program Information and Application Packet

Missouri P.O.S.T. Curricula Subject Area Administrative Procedures 101 Orientation/Rules and Regulations 102 Basic Study Skills and Note Taking

Center for Medicaid, CHIP, and Survey & Certification/Survey & Certification Group

Football & Cheerleading. Youth Sports Coaches Volunteer Application

CHAPTER 35. MEDICAL ASSISTANCE FOR ADULTS AND CHILDREN-ELIGIBILITY SUBCHAPTER 15. PERSONAL CARE SERVICES

CHAPTER ONE RULES PERTAINING TO EMS AND EMR EDUCATION, EMS CERTIFICATION, AND EMR REGISTRATION

INSTRUCTIONS FOR SCHOOL. PLACEMENT PROCESS (Internship/Externship) PEACEHEALTH ST. JOHN MEDICAL CENTER LONGVIEW, WA

Kansas Statutes Annotated _ Chapter 65. Public Health _Article 5. Maternity Centers and Child Care Facilities

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED MARCH 12, 2018

Volunteer Application

APPLICATION FORM. 128 E. 8 th Street, 1338A Colegate Drive Cambridge, Oh Marietta, Ohio Name: Last First Middle.

Violent Crime Control and Law Enforcement Act of U.S. Department of Justice Fact Sheet

CODE OF MARYLAND REGULATIONS (COMAR)

Day 2, Morning Plenary 1 CMS and OIG Joint Briefing: Importance and Progress of Improved Background Screenings for Long Term Care

Medicaid Billing Changes. Background Information. Summary of Changes 7/1/2015

SENATE BILL No K.S.A , and amendments thereto.

U Neva. R da. S Stat. I e N Boar

LEGAL/CRIMINAL CONVICTIONS

Associate of Applied Science in Registered Nursing Information and Application Packet

Directions for Submitting a Complete Application for the Precertification Nursing Assistant Training Course Fall 2018

Technical Assistance Paper

Service Provider. Partnership Application. (June August)

Volunteer Manual. West Jefferson Hills School District

PRACTICAL NURSING APPLICATION PROCEDURE AND DEADLINE:

PHLEBOTOMY CERTIFICATE PROGRAM APPLICATION FOR 2018

VICTIMS SERVICES QUARTERLY REPORT FORM COMMUNITY BASED PROGRAMS. Table 1 - New Cases Referred to VSU and New Persons Assisted

(e) Revocation is the invalidation of any certificate held by the educator.

CODE OF MARYLAND REGULATIONS (COMAR)

TABLE OF CONTENTS. Quick Summary of Background Check Requirements

Street Address City State Zip

CREVE COEUR POLICE DEPARTMENT APPLICATION INSTRUCTIONS POLICY STATEMENT: DIRECTIONS FOR COMPLETING APPLICATION

National Background Check Program for Long Term Care Opportunities & Challenges

VOLUNTEER POLICY & PROCEDURES

Medical Assistant- CNA Bridge Program

Virginia Beach Police Department General Order Chapter 8 - Criminal Investigations

Conviction/Criminal History Disclosure Form

LIVING WORD CHRISTIAN SCHOOL CODE OF ETHICS

NOTE: This is an 8-page document Read ALL!!!

VOLUNTEER MANUAL PLEASE READ THIS MANUAL AND OBTAIN ALL REQUIREMENTS BEFORE RETURNING YOUR COMPLETED PACKET TO THE DISTRICT ADMINISTRATION OFFICE.

Home help services cannot be paid to: A minor (17 and under). Fiscal Intermediary (FI).

enlc Licensing Tier Matrix Approved 5/11/17 Revised 8/7/17 Revised 1/10/18

CRIMINAL JUSTICE TRENDS

Department of Human Services Licensed Residential Programs Serving Individuals with Developmental Disabilities

Department of Juvenile Justice Guidance Document COMPLIANCE MANUAL 6VAC REGULATION GOVERNING JUVENILE SECURE DETENTION CENTERS

STATE OF KANSAS OFFICE OF THE ATTORNEY GENERAL Through the KANSAS BUREAU OF INVESTIGATION INSTRUCTIONS

Address: (street/route) (city) (state) (zip)

NURSING HOME ADMINISTRATOR REQUIREMENTS AND INSTRUCTIONS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW SENATE BILL 10

Reporting Educator Misconduct to SBEC

New Hampshire. Phone. Agency (603)

Pennsylvania Health Care Association s Annual Conference. Wednesday, September 27, 2017 (1:45 p.m. 3:00 p.m.) Presenters

KANSAS CHILD CARE LICENSING AND REGISTRATION LAWS Chapter 65. PUBLIC HEALTH Article 5. MATERNITY CENTERS AND CHILD CARE FACILITIES

MISSOURI. Downloaded January 2011

BOARD of EXAMINERS for LONG TERM CARE ADMINISTRATORS (BELTCA) Margaret McConnell, RN, MA Chair, BELTCA

COMMISSIONED SECURITY OFFICER APPLICATION

Office of Safety & Security DoDEA Administrative Instruction May 15,2006 ADMINISTRATIVE INSTRUCTION

Instructions for Application for Certified Nursing Assistant

The Ohio Justice & Policy Center s. CQE Workbook. A step-by-step guide to applying for a Certificate of Qualification for Employment

Rio Salado College Campus Safety Policies and Annual Crime Statistics Disclosure Summary

Application for Employment

(This document reflects all provisions in effect on October 1, 2017)

Annotated Mississippi Code _Title 43. Public Welfare _Chapter 20. Child Care Facilities _Mississippi Child Care Licensing Law. Miss. Code Ann.

Senate Bill No. 294 Senators Cegavske and Leslie

Street Address City State Zip

Large Family Child Care Homes Manual (January 2017)

Transcription:

Information in State statutes and regulations relevant to the National Background Check Program: Virginia This document describes what was included as of February 2011 in Virginia statutes and regulations relevant to the Centers for Medicare & Medicaid Services National Background Check Program. Virginia has 21 relevant statutes and regulations, all of which were used in gathering information for this document, and which are listed below in the State Statutes and Regulations section. Key Feature Specific facility and provider types Registry checks Fingerprinting Rap back Provisional employment Definition of direct patient access employee Provision of criminal background check results to employee Expiration of criminal history background check results The State covers eight of the long term care (LTC) facility and provider types named in the Patient Protection and Affordable Care Act of 2010 (Affordable Care Act), namely: skilled nursing facilities, nursing facilities, home health agencies, hospice care providers, personal care service providers, adult day care providers, residential care providers, and intermediate care facilities for the mentally retarded. Fingerprinting is required for employees providing direct care in intermediate care facilities. Virginia does not define direct patient access employee. However, the State does define "employee" to include any compensated personnel working at a facility regardless of role, service, age, function, or duration of employment at the facility. Employees also include those individuals hired through a contract to provide services for the facility. Employees who are compensated are required to have background checks. Volunteers and students are not required to have background checks. Intermediate care facility employees can make a request to the Central Criminal Records Exchange. Criminal history background check results do not expire.

Key Feature Inclusion of disqualifying crimes specified in section 6201 of the Affordable Care Act: 1. Medicare/Medicaid program-related crimes 7(a)(1)) 1. 2. Convictions related to patient abuse/neglect 7(a)(2)) 3. Felony convictions related to health care fraud (42 U.S.C 1320a-7(a)(3)) 4. Certain felony convictions related to controlled substances 7(a)(4)) State-identified convictions Opportunity to contest accuracy of background check findings Ability to remove hiring prohibition based on rehabilitation factors Rehabilitation/mitigation process for negative fitness determinations Independence of appeal or review process 2. Those with convictions for abuse or neglect cannot be hired. 3. 4. See Appendix A State-identified Disqualifying Convictions. Virginia identifies various disqualifying convictions. More information on the disqualifying convictions can be found in Appendix A. The State provides a way to contest the accuracy of background check findings. The State does not provide the ability to remove a hiring prohibition based on rehabilitation factors. The State provides independence of the appeal or review process.

State Statutes and Regulations Citation 126.01 162.9:1 126.02 24 et seq. Annotated 63.2-1719 and 63.2-1720 Annotated 63.2-1722 Annotated 9.1-132 Annotated 19.2-392.2.F Annotated 19.2-389 Annotated 37.2-416 22 Virginia Administrative Code (VAC) 40-90-10 through 40-90-70 12 VAC 5-371- 140.E.3.b This has to do with criminal background checks for employees of nursing homes (skilled nursing facilities, nursing facilities, and intermediate care facilities). This has to do with criminal background checks for employees of home care organizations and hospices. This is about criminal record checks for non-licensed personnel who work in hospital pharmacies and whose duties will provide access to controlled substances. This has to do with sanctions and penalties for convictions. These have to do with criminal background checks for employees of assisted living facilities and adult day care centers. This about the denial or revocation of a license to operate an assisted living facility or adult day care center for failure to obtain a background check or for knowingly employing a person with a conviction for a barrier offense. This has to do with the individual's right of access to and review and correction of information in Virginia s Central Criminal Records Exchange. This is about expungement. This has to do with the dissemination of criminal history information. This addresses background check requirements for direct care employees at intermediate care facilities. These are regulations on background checks for staff of assisted living facilities and adult day care centers. This regulation indicates that nursing homes must keep documentation of criminal record checks in personnel files. 12 VAC 5-381-110 This is about criminal record check requirements for licensed home care organizations. 12 VAC 5-381- This has to do with personnel file requirements for home care 180.E.6 organizations. 12 VAC 5-391-110 This has to do with criminal record check requirements for hospices.

Citation 12 VAC 5-391- These are other hospice regulations regarding criminal background 190.E.2, 12 VAC 5- checks. 391-210.F, and 12 VAC 5-391-210.O.10 12 VAC 5-410-390.C This is about hospital pharmacy criminal record checks. 22 VAC 40-60- This indicates that an adult day care center must keep on file each 235.B.7 employee's original criminal record report and sworn disclosure statement. 22 VAC 40-60-200 These are general qualifications for all adult day care center staff. 22 VAC 40-72- These are general qualifications for all assisted living facility 170.A.5 22 VAC 40-72- 290.C.9 Key - Section - Sections employees. This indicates that an assisted living facility must keep on file each employee's original criminal record report and sworn disclosure statement. Appendix A State-identified Disqualifying Convictions The State-identified disqualifying convictions include, but are not limited to: murder or manslaughter, malicious wounding by mob, abduction for immoral purposes, assaults and bodily wounding, robbery, carjacking, threats of death or bodily injury, felony stalking, sexual assault, arson, drive-by-shooting, use of a machine gun in a crime of violence, aggressive use of a machine gun, use of a sawed-off shotgun in a crime of violence, pandering, crimes against nature involving children, incest, taking indecent liberties with children, abuse and neglect of children,

failure to secure medical attention for an injured child, obscenity offenses, possession of child pornography, electronic facilitation of pornography, abuse and neglect of incapacitated adults, employing or permitting a minor to assist in an act constituting an offense, delivery of drugs to prisoners, escape from jail, felonies by prisoners, and an equivalent offense in another State.