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Iowa Healthcare Background Check

While no federal law requires home health agencies (HHAs) to conduct background checks before hiring individuals or periodically after they are hired, organizations that want to participate in Medicare must comply with their state laws.
State requirements for background checks vary by the source of information checked, which job positions are covered, and which convictions prohibit employment.


Healthcare background check requirements in Iowa


Iowa statute (135C.33) requires prospective employees to undergo a state and federal background check for criminal convictions and abuse. This check applies to all prospective employees who provide direct services to consumers and who are employed by an agency regulated or funded by the state that provides any of the following services:
•    Homemaker.
•    Home health aide.
•    Home-care aide.
•    Adult day services.
•    Other in-home services.
•    Hospice care.
•    Home and community-based services are provided under a waiver program.
Also subject to the check are employees who provide direct services to consumers in elder group homes (certified under Iowa Code 231B) or assisted living facilities (certified under Iowa Code 231C). This process has no exceptions (volunteers must also submit a check).
Iowa background check requirements before employment 
According to the Statute, before employment, the facility or provider must do one of the following:
(1) Request that the department of public safety performs a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state.
(2) Access the single contact repository to perform the required record checks (SING).


What is the SING System?


The Single Contact Repository (SING) provides online access to Iowa Criminal History and Sex Offender Registry information held by the Department of Public Safety/Division of Criminal Investigation (DCI), Department of Human Services (DHS), Central Abuse Registry for Child Abuse (CA) and Dependent Adult Abuse (DAA), as well as Professional License information. 


The SING system gathers information from:
•    Sex Offender Registry.
•    Child Abuse.
•    Dependent Adult Abuse.
•    Criminal History.


What about provisional hiring in Iowa?
On June 1, 2020, Senate File 2299 was signed that amended the background check requirements for health facilities in Iowa.
Per Senate File 2299:
The facility or provider may provisionally employ a person before completion of the required record check and evaluation by the department of human services, as applicable, subject to all of the following:
•    The facility shall have accessed SING to perform the required record check and be awaiting results from SING or evaluation by the department of human services, as applicable.
•    If applicable, the facility shall request an evaluation by the department of human services within 30 days of receipt of the SING record check results.
•    The facility shall have utilized an approved third-party vendor to perform a comprehensive preliminary background check.
•    The comprehensive preliminary background check shall have determined that the person being considered for employment does not have a record of founded child abuse or dependent adult abuse, or if the person being considered for employment does have a record of founded child abuse or dependent adult abuse, subrule 50.9(8) is applicable. 
•    And the provisional employment may continue until the required record check through SING and evaluation by the department of human services, as applicable, are completed. (I, II, III).


What is a comprehensive preliminary background check?


Per the law, a third-party vendor's comprehensive preliminary background check must include a criminal history check of all the states the applicant has lived or worked in over the last seven years.


Approved Third-party vendors


Third-party vendors are vetted, approved, and provided to the department by statewide associations of healthcare facilities, programs, providers, and hospitals.
The Koleman Group LLC has been vetted and approved by the DIA to conduct a comprehensive preliminary Iowa healthcare background check for provisional employment of employees for companies awaiting results from SING or awaiting evaluation by the department of human services, as applicable.


How The Koleman Group LLC can help? 
In addition to performing the required criminal history search for health facilities in Iowa, Orange Tree can also perform supplemental searches that provide the information in the SING search. These searches include:
•    Iowa Child Abuse and Dependent Adult Abuse Registries.
•    Sex Offender Registry (includes Iowa sex offender registry).
•    County/Statewide Criminal History Search (consists of the Iowa Statewide Criminal History Search covering all counties.).
The Koleman Group LLC also provides healthcare-specific sanctions watch list such as:
•    Office of Inspector General (OIG) /General Services Administration (GSA): identifies individuals who have committed fraud against Medicare, Medicaid, or other federally funded healthcare programs.
•    Fraud and Abuse Control Information System (FACIS®): identify individuals with sanctions and adverse actions taken in the healthcare field.
Our technology is easy for you and your candidates, reducing your time-to-hire while creating an enhanced candidate experience. We provide a one-stop solution for all the screening needs of health care companies. Our advanced technology allows a single-click order process for background screening, drug testing, and occupational health services. 
 

135B.34 Hospital employees — criminal history and abuse record checks — penalty. 


1. a. Before employment of a person in a hospital, the hospital shall do one of the following: 
(1) Request that the department of public safety performs a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state. 
(2) Access the single contact repository to perform the required record checks. 
b. (1) If a hospital accesses the single contact repository to perform the required record checks according to paragraph "a", the hospital may utilize a third-party vendor to perform a comprehensive preliminary background check and provisionally employ a person being considered for employment pending completion of the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, subject to all of the following: 
(a) If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime. Still, the crime does not constitute a felony as de ned in section 701.7 and is not a crime specified according to chapters 708, 708A, 709, 709A, 710, 710A, 711, or 712, or according to section 726.3, 726.7, or 726.8. 
(b) If the comprehensive preliminary background check determines the person being considered for employment does not have a record of founded child abuse or dependent adult abuse or if an exception according to subsection 4 applies to the person. 
(c) If the hospital has requested an evaluation following subsection 2, paragraph "a," to determine whether the crime warrants prohibition of the person's employment in the hospital. 
(2) The provisional employment under this paragraph "b" may continue until the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, are completed. 
c. A hospital shall inform all persons before employment regarding the performance of the record checks. It shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A hospital shall include the following inquiry in an employment application: 
Do you have a record of a child or dependent adult abuse, or have you ever been convicted of a crime in this or any other state? 
2. a. If it is determined that a person being considered for employment in a hospital has committed a crime, the department of public safety shall notify the hospital that upon the request of the hospital, the department of human services will evaluate to determine whether the crime warrants prohibition of the person's employment in the hospital. 
b. (1) If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent adult abuse and the hospital has requested an evaluation following paragraph "a" to determine whether the crime warrants prohibition of the person's employment, the hospital may employ the person for not more than sixty calendar days pending completion of the evaluation. 
(2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 and to a crime that is an offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1. 
c. If a department of human services child or dependent adult abuse record check shows that the person has a record of founded child or dependent adult abuse, the department of human services shall notify the hospital that upon the request of the hospital, the department of human services will evaluate to determine whether the founded child or dependent adult abuse warrants prohibition of the person's employment in the hospital. 
d. An evaluation under this subsection shall be performed in accordance with procedures adopted by the department of human services. 
 


Sat Dec 04 01:08:15 2021 Iowa Code 2022, Section 135B.34 (40, 2) 
 


§135B.34, LICENSURE AND REGULATION OF HOSPITALS 2 
 
e. (1) If a person owns or operates more than one hospital, and an employee of one of such hospitals is transferred to another such hospital without a lapse in employment, the hospital is not required to request additional criminal and child and dependent adult abuse record checks of that employee. 
(2) If the ownership of a hospital is transferred, at the time of transfer, the record checks required by this section shall be performed for each employee for whom there is no documentation that such record checks have been performed. The hospital may continue to employ such employees pending the performance of the record checks and any related evaluation. 
3. In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse concerning the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. Suppose the department of human services evaluates for this section. In that case, the department of human services has no authority to determine whether the prohibition of the person's employment is warranted. 
4. a. Except as provided in subsection 1, paragraph "b," subsection 2, and paragraph "b" of this subsection, a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a hospital licensed under this chapter unless the department of human services has performed an evaluation. 
b. A person with a criminal or abuse record who is or was employed by a hospital licensed under this chapter and is hired by another hospital shall be subject to the criminal history and abuse record checks required according to subsection 1. However, suppose an evaluation was previously performed by the department of human services concerning the person's criminal or abuse record, and it was determined that the record did not warrant prohibition of the person's employment and the latest record checks do not indicate a crime was committed or founded abuse record was entered after that evaluation. In that case, the person may commence employment with the other hospital following the department of human services' evaluation, and an exemption from the requirements in paragraph "a" for reevaluation of the latest record checks is authorized. Otherwise, the requirements of paragraph "a" remain applicable to the person's employment. Authorization of an exemption under this paragraph "b" from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions: 
(1) The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed. 
(2) Any restrictions placed on the person's employment in the previous evaluation by the department of human services shall remain applicable in the person's subsequent employment. 
(3) The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer, or the previous employer provides the previous evaluation from the person's personnel le according to the person's authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record checks shall be reevaluated. 
(4) Although an exemption under this lettered paragraph "b" may be authorized, the subsequent employer may instead request a reevaluation of the record checks and may employ the person while the reevaluation is being performed. 
5. a. If a person employed by a hospital that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the person's employment application date, the person shall inform the hospital of such information within forty-eight hours of the criminal conviction or entry of the record of founded child or dependent adult abuse. The hospital shall act to verify the information within seven calendar days of notification. If the information is very ed, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the 
 
Sat Dec 04 01:08:15 2021 Iowa Code 2022, Section 135B.34 (40, 2) 
 
 


3 LICENSURE AND REGULATION OF HOSPITALS, §135B.34 


 
Hospital to determine whether or not the person's employment is continued. The hospital may continue to employ the person pending the performance of an evaluation by the department of human services to determine whether the prohibition of the person's employment is warranted. A person who is required by this subsection to inform the person's employer of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor. 
b. If a hospital receives credible information, as determined by the hospital, that a person employed by the hospital has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the hospital of such information within the period required under paragraph "a", the hospital shall act to verify the credible information within seven calendar days of receipt of the credible information. If the information is very ed, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the person's employment is continued. 
c. The hospital may notify the county attorney for the county where the hospital is located of any violation or failure by an employee to notify the hospital of a criminal conviction or entry of an abuse record within the period required under paragraph "a." 
6. A hospital licensed in this state may access the single contact repository established by the department according to section 135C.33 as necessary to perform record checks of persons employed or being considered for employment by the hospital. 
7. For this section, "comprehensive preliminary background check" means the same as de ned in section 135C.1. 
2002 Acts, ch 1034, §1; 2008 Acts, ch 1187, §111; 2013 Acts, ch 21, §1, 2, 6, 7; 2014 Acts, ch 
1026, §31; 2014 Acts, ch 1040, §1, 2; 2020 Acts, ch 1029, §1 – 3; 2021 Acts, ch 80, §68 Department of inspections and appeals to post list of third-party vendors eligible to conduct comprehensive preliminary background 
checks; 2020 Acts, ch 1029, §7 Subsection 7 amended 


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

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