Indiana Healthcare Background Check
To comply with the operation of a home health organization, the owners and employees have to have a criminal history background or more extensive criminal history checks. The agency has to check the employment history and the place where the residence(s) of employees and owners reside. If it is determined that the department conducts a survey, it will require details to ensure whether the organization conforms to the state statute IC 16-27-2. When the organization is working with an entity different from the Indiana State Police for the investigation, make sure that the criminal history check shows that the search is for the duration of the person's life.
Before submitting your initial application or change of ownership form or any changes to staff/officer/owners to the department, make sure that the applicant's organization complies with State Statute IC 16-27-2-3 IC 16-27-2-4 IC 16-27-2-5 Criminal Background checks on officers/employees and employees.
A national background check, or an expanded criminal history check as described in ICR 16-27-2, should be completed for the officers, owners, nurses, administrators, and their alternates and be included when completing the first or change in ownership form. Suppose there is any change in the owners, officers, or administrative personnel after receiving the initial license. In that case, the agency must report these changes to the department on the agency's letterhead along with the appropriate indiana healthcare background check.
Crime History checks for Owners
The Indiana Code at 16-27-2-3 specifies that an operator or owner cannot run a home health clinic when the person is convicted of one or more of the crimes listed below: rape, criminal deviate behavior or exploitation of a vulnerable adult, failing to disclose battery or neglect, the exploitation of an adult who is endangered or theft.
Criminal Checks for Employees
The Indiana Code at 16-27-2-5 specifies that an individual who runs an organization for home health services following IC 16-27-1 is not allowed to hire a person to perform services for a client's permanent or temporary residence when the individual's national criminal history check or an expanded criminal history report indicates that the person was found guilty of any one of these: rape criminal deviate behavior that exploitation of a vulnerable adult, failing to report the exploitation, neglect or battery of a vulnerable adult or theft.
Indiana State Police National Criminal History Checks
For more information on getting a nationwide background check, visit this Indiana State Police website at www.in.gov/isp and click on inkless. If you have difficulty connecting to this Indiana State Police website or cannot discover the answers to your question within the FAQs, please call 317-234-217 or 317-233-5037 for assistance.
Check Criminal History Review State Statutes I 16-27-2
Criminal History Checks Defined
- The agency should provide current copies of the criminal records to the Administrator, Alternate Administrator nursing supervisor, alternate nursing supervisor, and the officers/owners.
- Assure you conduct a nationwide criminal history or a more extensive criminal history background check on all employees. Check out IC 16-27-2 regarding criminal history checks to determine the requirements to run the home health service in Indiana.
- The criminal history search should be a continuous search that is not limited to years.
- The expanded criminal background check and the national background checks for criminals are described as follows:
V IC 16-27-2-0.5 Expanded History Check Defined Criminal History Check Defined.
Sec.0.5. Expanded Criminal History Check means a criminal history background check of an individual that is obtained from an agency of private that contains the following information:
(1) A look-up of the records that are maintained by all counties of Indiana where the person who is the person who is the subject of background checks background check resided.
(2) A review of the records kept by all counties or similar government agencies.
Units from another state, for instance, if the person who is subject to background checks from another state, if the subject of background check resided in another state.
Make sure the "expanded criminal background" test is carried out for the duration of the individual's life. If someone was found guilty of rape, criminal
Deviant conduct and exploitation of a vulnerable adult or neglect to report the neglect, battery, or exploitation of a vulnerable adult. The person may not run an agency for home health or employ someone to provide care in the patient's home or home. Check out IC 16-27-2-3 as well as IC 16-27-2-5.
V IC 16-27-2-2.1 National Criminal History Background Checks Defined
Sec.2.1. National Criminal History Background Check refers to the information provided through the State Police Department under IC 10-13-3-39(i).
Owners ' Criminal History Checks - IC-23-2-3
Home health or personal service organization; prohibit; conviction
Sec.3. (a) One can not run a home health center or personal service business if you have been found guilty of one or more or all of these:
(1) Rape (IC 35-42-4-1).
(2) Criminal Deviate Conduct (IC 53-42-4-2).
(3) Utilization by an endangered adult (IC 35-46-1-12).
(4) Inability to report abuse or neglect of an adult in danger (IC
(5) Theft (IC 35-43-4) If the person's conviction for theft was not more than the time of conviction.
(10) years before the date of the submission by the applicant of an application for licensure to operate as a home health agency according to IC 16-27-1 and as a personal service organization per IC 16-27-4.
(b) Anyone who is knowingly or purposefully infringes this section is guilty of committing the crime of Class A misdemeanor.
As amended to the list by P.L.2-1993, SEC.10. Amendments made by PL 178-1993, SEC.5; P.L.212-2005, SEC.13.
Criminal History Checks for Employees Criminal history
Sec.4. (a) Anyone who runs a home health service under IC16-27-1 or a personal service agency under IC 16-27-4 must apply no later than three business days following the day that the employee is first able to provide services to a patient's permanent or temporary residence, to receive a copy employee's criminal history report.
(d) The home health or personal service agency can not hire the services of a person at a client's or patient's temporarily or permanently occupied residences for longer than three working days without requesting the national criminal background check or an expanded criminal history background check.
In addition to P.L.2-1993, SEC.10. Amendments made through P.L.178-1993, SEC.6; P.L.146-1996, SEC 4; P.L.148 1997 SEC.1; P.L.2-2003, SEC.48; P.L.212-2005, SEC.14; P.L.197-2007, SEC.9; P.L.177-2009, SEC.5. ; P.L.84-2010, SEC.4. Amended session of 2016.
Criminal Conviction of Employees - the IC-16-27-2-5
Employees, prohibition, and criminal conviction
Sec.5. (a) Other than as permitted by subsection (b) (b), the person who runs a home health service under IC 16-27-1 or an individual services company under IC 16-27-4 cannot employ a person to perform services at a client's residence for a while or permanently if the person's national criminal background check, background check, or expanded criminal history background check, indicates that the person was convicted of one or more one of these:
(1). Rape (IC 35-42-4-1).
(2). Criminal Deviate Conduct (IC 53-42-4-2).
(3) Utilization by an endangered adult (IC 35-46-1-12).
(4) Inability to report a battery or neglect of an adult in danger
(5) Theft (IC 35-43-4) (IC 35-43-4) for theft was less than 10 (10) years before the date on which the applicant applied for employment.
(6) A crime that is substantially similar to a felony is listed in:
(A) subdivisions (1) through (4) or
(B) subdivisions (5), if the theft conviction occurred less than 10 (10) years before the date of employment or the date on which the conviction was pronounced in a different state.
(b) A personal services care agency or personal services organization may not hire the services of a person at a client's permanent or temporary place of residence longer than twenty-one (21) consecutive calendar days unless they have obtained the person's national criminal history background check or expanded criminal background check, as mandated under section 4 in this chapter or unless it is the department of state police or that of the Federal Bureau of Investigation under IC 10-13-3-39 or the private entity that is providing the expanded criminal history check is accountable for not providing the individual's national criminal history background check or expanded criminal history check to the personal health care agency or home services agency in the time required by the section.
As per P.L.2-1993, SEC. 10. Modified through P.L.178-1993, SEC.7; P.L.148-1997, SEC.2; P.L.2- 2003, SEC.49; P.L.212-2005, SEC.15; P.L.197-2007, SEC.10; P.L.134-2008, SEC.12; P.L.177-2009, SEC.6; P.L.84-2010, SEC.5. Amended session of 2016
Updated on 2022-11-04 19:33:49 by larry coleman