Go Back

Georgia Healthcare Background Check

Important: Effective October 1, 2019, prospective directors, administrators, owners, and managers, as well as applicants for jobs that have access directly to customers, will need to pass the criminal background check, including a state and FBI fingerprint test. Additionally, as of January 1, 2022, all currently employed owners and employees with direct access must submit an FBI and state background check. The following kinds of facilities will require a background check:


  • Adult Day
  • Assisted Living
  • Home Health
  • Hospice
  • Intermediate Care Homes
  • Nursing Homes
  • Personal Care Homes
  • Private Home Care

Additionally, click here for the list of licensed health professionals exempted from the state's background check requirements. Background check requirements as long as the employer contacts the licensing board to ensure their licenses are valid and in good standing.

This system may be accessed by clicking https://www.dch.gchexs.ga.gov. The mailbox for asking questions about the GCHEXS system is gchexs.user@dch.ga.gov. GCHEXS will provide certain establishments that are licensed under the Healthcare Facility Regulation Division (HFRD) greater flexibility when conducting background checks on new and prospective employees. GCHEXS allows users to:

  • It is easy to check various registry sites that include the for Certified Nurse Aide Registry, Sex Offender, and the federal OIG exclusions List;
  • Find out the condition on an application's background check; and
  • Make copies of the background check fitness determination letter directly through the GCHEXS System.

GCHEXS can streamline the onboarding process for applicants, background check processing, monitoring, and notification processes from beginning to finish and improve the speed at the state. Private sector personnel can process and secure a healthcare background check.

 

 

Disqualifying crimes

Please be aware that as of October 1, 2019, there was an unofficial list of criminal offenses that may prevent employment or licensure.

Georgia has passed a new law implementing a complete program to conduct background screenings for Georgia Long-term Care Facilities. The "Georgia Long-term Care Background Check Program" integrates three existing background check statutes and replaces them with one complete background check law applicable to all applicants, owners, or employees working in long-term-care establishments. The new law also provides an all-national fingerprint-based background check system through the FBI database for all employees in long-term care owners, applicants, and employees. The law will take effect on October 1, 2019. All existing employees and owners must wait until January 1, 2021, to complete a records check request to the Department of Community Health or submit proof of satisfactory background check.

Healthcare Provider Types

The law's brand new background check program applies to personal care homes, assisted living communities, private home care services, and home health agencies. It also covers hospice nursing homes, skilled nursing facilities, intermediate care homes, and adult day care centers licensed following DCH regulations. In addition, background checks are required for employees and applicants who regularly interact with patients or financial records and the owners actively involved in the operation.

The Applicability of Owners

Most owners of long-term care facilities are now required to undergo background checks. However, passive investors, also known as "excluded parties," who are not active participants in the facility running, aren't required to perform background checks. For instance, those who are passive investors and don't provide operations, the management, or other administrative services for the facility will not be required to undergo background check requirements.

Definition of Employees or Access for Residents

The law doesn't apply to all employees who work in an institution for long-term care. It only covers those employees and applicants who are in "routine personal contact" with the resident, patient or client, which includes personal contact with the person who is face-to-face, hands-on physical assistance, verbal cueing, reminders, standing around or monitoring activities, or any other actions which require the employee to remain alone on the resident's, patient's or the property of the client. . . ." It is clear that the law clearly exempts from"employees "employee" definition anyone "individual who contracts with the facility either directly or through a business to provide communication, utility, construction accounting, quality control and human resource management legal, information technology or other services , if the services contracted are not directly connected to the provision of services to a resident, patient resident or customer at the location." This law applies to employees who have frequent access to patients' financial data, including "checkbooks or credit and debit cards and trust funds for residents bank records, stock accounts and brokerage accounts. Facilities thus are not accountable for conducting background checks on employees or contractors who do not have access to the patient or their financial information or assets.

Background Checks

In addition to fingerprint background checks, Georgia law requires applicants, owners, and employees against Georgia's state nurse aid registry, the state registry for sexual offenders, and the federal List of Excluded Individuals and Entities. If an applicant hasn't been a resident of Georgia for two years, then the registry check needs to be expanded to include the states where the applicant was a resident in the past two years.

Suppose it applies to the applicant, owner, or employee. In that case, an additional check of the information held through the Georgia Composite Medical Board, the Secretary of State, or any other licensing boards must be carried out before conducting a police background check to validate that the license for the professional is in good standing.

A facility is not permitted to engage or work with an individual that (a) is found in a registry search, (b) has been identified by a state agency or federal authority to have been involved in a pattern of neglect, abuse, or theft of property, (c) is a professional license that's non-conform with the law or (d) was determined in the hands of DCH as "unsatisfactory" according to the person's background check. The state may be able to penalize any establishment that does not eliminate an employee promptly. In addition, an owner of a company who shows up on a background check or whose background check DCH finds results to be "unsatisfactory" may not manage a facility or even hold the license required to operate it.

Caregiver Registry

The law also establishes the "caregiver registry," a public registry that will allow users to see the criminal background check results for individuals who provide care to seniors who receive personal and health medical services in a residence or other location that is not certified by DCH. The primary reason for the creation and maintenance of the registry of caregivers is to allow the employers who employ personal-care home service providers (i.e., relatives or guardians of seniors who require personal care home care) "with accessibility to eligibility determinations by the Department of Health Care in the same manner as licensed establishments . . . ." This registry will only apply to an "employee" who provides personal services or an "applicant" applying to offer such services.

Appeals

The law offers an appeal procedure for current owners and employees, and applicants to contest a negative report which would result in the denial of ownership or employment. The process of appeal would comprise arbitration hearings on administrative matters.

Safety Protections from Liability Liability Protections for 

Background checks conducted in the new fingerprint verification system will result in a report that states whether the person being investigated can be described as "satisfactory" or "unsatisfactory" regarding possession or work. The providers will not be able to review the report's details to determine if a previous violation poses a danger for residents currently in the country. The report will only state the possibility that an applicant or employee is eligible for employment based on a "thumbs up" or "thumbs down" response. Since the government is in charge of the information and the facility's access to the information and data, the providers are granted certain exemptions from employment decisions due to the report. Furthermore, the law gives the facility immunity from hiring an employee who has passed a good, clean "thumbs-up" background check. However, they must be aware of an arrest record not found by the checks.


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

Recent Posts


The Koleman Group LLC
Current Country
US