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Delaware Healthcare Background Check

Employers can benefit from conducting a Delaware healthcare background check when hiring employees. This check can determine if an applicant is trustworthy, reputable, and has a good educational history. Education verification allows employers to know which schools an applicant attended, what classes they took, and what diplomas or degrees they may have earned. It is also a useful tool for finding knowledgeable and honest employees. The FCRA requires employers to process applications through a third party, SBI.

A Delaware healthcare background check includes a person's criminal history, employment history, and education history. Some records are not public, such as arrest records or warrants. Some are private, though; others are available through public records. The Department of Health is one such place. Its extensive hiring guidelines, covering everything from long-term care facilities to private schools, require employers to conduct criminal records checks and drug tests before appointing employees.

The Delaware Supreme Court is the state's highest court and presides over the Court of Appeals. The Court of Appeals is a branch of the state's judiciary, with authority over three superior courts: New Castle County, Sussex County, and Delaware County. The Administrative Office of the Courts is also responsible for conducting individual background checks. This service is free of charge and allows you to perform a thorough check before hiring a new employee.

The state has passed several laws regulating criminal history screening in health care settings. For example, HB 167 limits the use of criminal history. Covered public employers cannot use convictions older than ten or five years. Additionally, 19 Del. Code SS 704 prohibits employers from using polygraph examinations to confirm a candidate's employment history. However, this ban does not apply to police agencies.

Employers can also choose to do a do-it-yourself pre-employment background check. Again, they can use online resources to gather information. They can also submit multiple requests to various agencies to obtain a more comprehensive report. But these do-it-yourself attempts take a long time. To avoid these headaches, employers should partner with a reliable third-party provider for their pre-employment background check. This will save them both time and money.

There are many other options available for Delaware health records searches. Employers can use a Delaware healthcare background check to ensure a prospective employee has never been arrested for a felony. Delaware law allows a public search for sex offender status, but only if the person is a high-risk offender. Public searches for sex offender status do not include probation or parole sentencing. The state police can also provide access to some case files.

The State Police of Delaware offers $52 per report for fingerprint-based criminal records. However, the results of this check are only valid for Delaware and federal criminal records. Free Delaware healthcare background checks are not advisable because these services do not provide complete and accurate information. And in some cases, they are not FCRA or state law compliant. Using a trusted provider that offers a professional background check is better.

The Center is a computerized system that combines a variety of data streams from multiple sources. The information it provides allows employers to decide whether an applicant is suitable for employment. This is also a great way to prevent fraud while ensuring that patients get the best care. The background check center is the best tool for employers looking to screen employees. In fact, it is the only one of its kind in the state.

A Delaware healthcare background check contains information on several areas, including identity and employment history verification. Identity verification aims to validate the applicant's personal information. Work history verification focuses on their employment history, including dates, positions, and additional information about their performance. It also includes reasons for leaving and whether they are eligible for rehire. Employers may also provide personal references for applicants if they are listed. The results of these checks are accurate and complete.

Delaware Healthcare Criminal Background Checks

Title 16 Chapter 11, Subchapter III, Sections 1141 and 1145 in the Delaware Code requires the Department of Health and Social Services (DHSS) to conduct criminal background checks on those who apply for a job in an in-home nursing facility or home health care agency licensed following 16 De. C. Ch.11 provides the right of access to patients or those who are receiving treatment at the facility or private residence or an applicant for a permit to operate the facility or business.

DHCQ requires that applicants to these facilities sign a release that permits the State Police to proceed with the process of fingerprinting and to conduct a thorough check of the state's criminal history through The State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI). All employers are required to use this facility. 

(BCC) – Background Check Center

According to State of Delaware law, every applicant for employment in long-term care facilities and home health care agencies must pass the required criminal background check. This Division of Health Care Quality is responsible for receiving, investigating, and maintaining criminal reports, which are used to determine whether or not to refuse employment to applicants.

Employers may hire an applicant on a conditional basis pending receipt of the qualified/disqualified determination from the Division of Health Care Quality after the employers obtain proof that the applicant has submitted his/her fingerprints to the State Bureau of Identification for this process.

Fingerprinting Locations & Procedures

For more details on how to complete the police background check requirements for employment in long-term care homes or in-home health care facilities, contact us at (302) 421-7400.

Required Drug Testing

Anyone interested in employment at long-term care facilities and health centers for home care must undergo drug tests per State of Delaware law.

Employers can hire applicants in a contingent manner pending the results of the drug test when they have proof that the applicant was subject to the test.

For more information on drug testing requirements for those employed in long-term care homes or in-home health care facilities, please call (302) 421-7400.

Background Check Center

The BCC electronic system collects data from various sources and makes it accessible through a single website. It collects data from:

  • State Bureau of Investigation - federal and state criminal background checks
  • Adult Abuse Registry
  • Nurse Aide Registry
  • Public Sex Offender Registry
  • Professional Regulation - License verification
  • Office of the Inspector General
  • Department of Labor - service letters
  • Child Protection Registry
  • Delaware Health Information Network - drug tests

(a) Purpose.--The goal of this section and the requirements for background checks and criminal background checks, and drug screening obligations of this section and section 1146 from this title is to ensure the protection of the well-being and safety of those who utilize homes health organizations hospice or personal assistance service agencies licensed under this title, or employing a person to provide health care in a private home. The provisions must be read in a broad manner to achieve this goal.

(b) Definitions.--As employed in this subchapter

(1) "Applicant" is anyone of the following categories:

a. Person who is seeking work with an employer.

b. A current employee seeking to be promoted by an employer.

c. A self-employed individual looking for employment in an individual residence to provide services that protect the safety, health, and well-being of a person who needs home health services as provided in the SS 122(3) m, SS 122(3) o. and the SS 122(3) x. of this title.

d. An employee who an employer currently employs that the Department has a reasonable reason to believe has been arrested for a crime that disqualifies them from being employed.

A. An employee who has given consent before leaving the company to periodic reviews of the employee's criminal record for a specific time.

(2) "Authorized representative" refers to an individual with the highest authority to represent the patient as required by law and has the power to make decisions about the patient's health preferences. The authorized representative of the patient could be one or more of these:

a. A person who is designated by a patient in an advance directive for health care; an agent who is granted the durable legal power of attorney to make medical decision-making.

b. A guardian for the person appointed according to Chapter 39 or 39A of Title 12, following the authority conferred by the court, or a surrogate appointed in the Chapter 25 section of Title.

C. A person who is authorized by the law to make medical decisions on behalf of the patient, even if the patient cannot make such decisions.

(3) "Background Check Center (BCC)" is the system that combines the data streams of various sources inside and outside the state to assist employers in determining whether an individual is for employment in the home-care industry or a private residence.

(4) "Criminal background" is a document issued by the Department on its review of the applicant's complete criminal record in the federal Federal Bureau of Investigation, under Public Law 92-544 as modified ( 28 U.S.C. SS 534 ), and the applicant's Delaware information in the State Bureau of Identification.

(5) "Department" is"Department" means the Department of Health and Social Services.

(6) "Employer" is a home-care company or management company that contracts to offer services for an agency for home care; or another company, which includes a temporary employment agency that contracts to provide services for an agency for home care.

(7) "Home-care agency" refers to all agencies or programs licensed under the SS 122(3) m., SS 122(3) o. as well as the SS 122(3) x. of this title which offers services to people living in their residences.

(8) "Private residential residence" is the residence of the person who requires care, or owned by the person or considered as the residence of that person.

(9) "SBI" is the State Bureau of Identification.

(c) Employers cannot hire an applicant for employment in private residences before obtaining a criminal record. On request, the criminal history must be disclosed to those for whom services are being provided or to the individual's authorized representative before the date of employment.

(d) Private individuals looking to employ or hire an individual who is self-employed to perform services at the private residence of the individual may be able to gain an account with the BCC by contacting the Department.

(1) The BCC user fee is determined by regulation but cannot exceed the amount payable to the employer.

(2) The expense of the criminal background check from SBI or drug screening has to be paid by the person who made the request.

(e) The conditions under paragraph (c) in this subsection can be suspended for 60 calendar days following when the hire date is reached if the employer decides to hire an applicant only on a contingent basis.

(1) Before an employer can make an offer of a conditional job, it must prove that the SBI fingerprinted the applicant to establish the criminal background.

(2) The Department will not issue a criminal record when the applicant does not give details to the Department concerning the outcome or status in the event of arrest within 45 days of the date of notification from the Department of an open criminal case. The Department can extend the deadline with good reason.

(f) Employers who are not private individuals are allowed not to employ an employee who is convicted of a crime that is considered ineligible by the Department's rules.

(g) Any employer (other than a private individual that employs an applicant but does not obtain the applicant's criminal record is accountable to a civil fine that is not less than $1,000 and not more than $5,000 per violation. Employers are also at risk of being penalized when it hires applicants before receiving confirmation that their fingerprints have been taken to establish their criminal background.

(h) The criminal record employers are provided with is completely private. Therefore, it can be used only to determine an applicant's eligibility to be employed or employed for a long period.

(i) No applicant is allowed to work for any employer that is not a conditional one according to section (e) (e) of this article until the employer has a criminal record.

(j) For an individual to be is hired by an employer, the applicant must, at the request of the employer, complete one or all of these:

(1) Give complete and accurate information that will allow you to obtain the criminal record.

(2) Complete a release that allows employers to obtain the criminal record and refresh the criminal history when employed.

(3) Sign a complete release that gives the employer the right to release the criminal record to the person to whom the services are offered or to that person's representative.

(k) A person who fails to adhere to subsection (j) is the subject to a civil penalty of not less than $1000 or more than $5,000 per violation.

(l), (m) Repealed by 81 Laws 2018. 206, SS 45 .

(n) The Department will issue regulations on the following aspects:

(1) The factors it employs to determine whether an individual is unfit for work.

(2) The guidelines and procedures to prepare the criminal record that regulate the periodicity of review of the criminal record and update.

(3). The rate at the frequency at which fingerprints are required to be taken.

(4). The details the Department gives in its criminal history regarding the criminal convictions that are disqualifying or not.

(5). The procedures for notifying employers and applicants of the findings of the Department's review and providing applicants with criminal records.

(6). A process for administrative reviews is open to anyone who wants to challenge adverse information.

(7). Other provisions are required to fulfill the purposes required by this subsection.



Updated on 2022-11-04 19:33:49 by larry coleman

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