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Kansas Healthcare Background Check

1. What exactly is a "criminal background check," and why is it an act of law? A criminal background check reviews the records at the Kansas Bureau of Investigation (KBI). The KBI can collect details from police arrest reports, prosecution information, court decisions, and corrections departments. Most of the information is kept in electronic format by the KBI However. Some information is stored on paper. The law was created to prohibit people with serious criminal records from working for adult-care facilities and home health centers. The premise of the law is that those with grave criminal records, specifically those who have committed crimes against people, are not accountable for the care of elderly or frail residents of Kansas. The legislature passed the law to protect the wellbeing and security of those who reside in and customers of services provided by adult care facilities and home health organizations.

2. What type of information is being sent to the KBI, and who is responsible for sending this information to KBI?
The KBI contains basic identifying data that can be compared with information in the records. For instance, names (first and middle, or last suffix), date of birth, sex, race, addresses, and social security numbers all play a role in helping to differentiate people. The law obliges the person operating the adult care facility or home health center to request KDHE to examine the personal information of someone who is being considered for employment or has already been employed to information from KBI criminal background records. The operator then sends their request to KDHE, and then KDHE transmits its request to KBI. If there's a "match," KBI sends a summary of the information to KDHE. The law is clear on the types of crimes that can lead to the person being barred from working; however, when the record reveals an arrest for an offense that is not illegal by law, a notice is sent to the person who runs the home health facility or the home health care agency informing them that the individual is banned from working.

3. What speed can we expect an answer?
It is unclear because of factors that are beyond our control. Every person has a unique background, and based on their ability to provide KBI with precise identifying information conducting a name search could take days or even months. Their information is collected through reports across the state based on court records; therefore, the accuracy of the data provided is just as important as the precision of the information against which it's examined. Abstracts are submitted to KDHE in the event of a "matched" document. The determination is made following the legal interpretation, and a notice is sent to the person who submitted the request. For the majority of requests received, it is expected that the background check is completed in 10 days or less. KDHE will only inform the person conducting the background check if there's an unconfirmed match and the applicant violates the terms of the law.
The law deals with a temporary job in section (d) ". . . A person who runs an adult care center can employ an applicant on a conditional basis, pending the outcomes of the Department of Health and the environment." Learn more about the Kansas healthcare background check.



4. What should we do if we are notified that someone has been banned and that they have already been employed?
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010
Most Frequently Answered Questions - KDHE Criminal Background Checks Page 2 of 8.
The law's compliance requirements state it is "on or following July 1, 1998, there is nobody shall manage an adult care facility where, in the adult care facility, employees include any person . . . "
The law offers civil liability protections as per the subsection (d) "no adult care facility employee or the owner at an adult day care facility or employment agency or the employees or operators employed by an agency for employment will be held accountable for civil damages arising from any decision to hire or not employ or to revoke the employment of anyone based on the adult care home's compliance to the requirements of this section if. . . "Acting in good faith, comply in good faith to comply with the provisions of this section."

5. What is KDHE take if they find there is an infraction? What does KDHE ensure compliance, and what actions are taken if an apartment is found to be non-compliant?
Enforcement will be conducted following standard survey procedures. The operator should have a procedure as well as a procedure for requesting criminal background checks for KDHE. If a prohibition notice is issued based on an arrest that could prohibit employment, the company must send the original. Additionally, HOC will provide monthly lists of prohibited individuals in the form of a monthly list to Bureau of Health Facility Regulation personnel who conduct surveys and certifications.

6. Why can't KDHE bill the service? Or should we pay them each quarter?
NO. The legislation didn't allow for this type of service. However, adult care facilities and home health care agencies can purchase the criminal background check request forms in advance, eliminating the requirement to pay any fee once the forms are completed. The forms can be purchased at Health Occupations Credentialing for $7.50 each, and they must be purchased in multiples of ten. Apart from the purchase cost, there is no additional expense for processing the forms. For more information, contact the front desk at (785) 296-0056.

7. How was the fee calculated?
The law allows KDHE to charge an amount equal to the cost. The cost is the amount it costs KDHE to create the program and payment to KBI. Certain interpretations needed to be negotiated to ensure the program is cost-effective for the business; for instance, the law deals with KBI being compensated by "names" but not "persons."

8. What portion of it is paid to KBI?
KBI has agreed to conduct background checks on every person for $3.75. The process will be reviewed as necessary.

9. If we're using an existing service or KBI directly, do we need to change to KDHE? YES. The company is responsible for avoiding hiring anyone with a history of prohibited crimes. The law stipulates that KDHE can access criminal history information via KBI records. The majority of other sources, including services like the KBI, are not able to have had access to records for juveniles. According to these laws, specific juvenile convictions could result in the prohibition of employment and is the reason for accessing data from the KBI by way of KDHE.

10. Could Department of Human Resources information be used in place of Department of Human Resources information?
NO. The statute's requirements are specific to determinants in the law. In addition, the law refers to KDHE as the data source. However, the statute does not mention any department, the Department of Human Resources, or its data.
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010
Commonly asked questions - KDHE HOC Criminal Background Checks

11. If a potential employee fills in the form, does it automatically grant consent?
It is the responsibility of the person who requested it. It is recommended that you seek legal counsel.

12. When will regulations be in place?
The statute contains the appropriate guidelines to carry out the program. Therefore, regulations will be drafted as appropriate.

13. How can we determine if it is legal to ask these questions or need this information?
Law requires it to be legal. Statutes are considered to be constitutional unless they are contesting them in court.

14. What rights can a prospective employee have to know about the information (what is provided or returned)?
People generally have the right to access the contents of their documents. Contact your lawyer for specific privacy concerns. KBI has specific rules regarding this subject.

15. What is my responsibility for the information KDHE gives me if I do not choose to hire someone based on KDHE criminal convictions?
The amendments by the legislature during the 1998 session of the legislature permit ". . . The owner of an adult-care facility or home health center in which the applicant was subject to background checks background check may release a copy of this background check to the operator of an adult care home or health facility to which the applicant is applying." Disclosure of criminal history information, with a few exceptions, is not permitted. The preservation of criminal history records is not mandatory. The law also stipulates ". . .No adult care facility (or the home health organization), the employee or operator from an adult-care center (or an agency for home care) or an employment company as well as the employee or operator of an employment agency will be responsible for civil damages that result from any decision made to hire, deny employment or dismiss any person that is based on an adult care facility's compliance with the requirements of this section when such adult care facility (home healthcare agency) or an employee organization fails to act in good faith in a manner that is consistent the provisions of this article."

16. Do I have to keep an archive of this information?
KDHE doesn't require you to maintain a database of the information. Instead, consult with your lawyer to get general advice regarding file maintenance.

17. What security measures do I need to keep to protect a record containing criminal data, both for employees I employ and those I don't?
The information must generally be kept confidential. Get legal advice on specific security rules.

18. How do we find all the aliases?
Naturally, you cannot be certain that your information is accurate and correct. It is essential to make every effort to gather accurate details.

19. What's the deal with "Consumer Directed Services" that the government offers? If a customer decides to employ someone close to them as their caretaker, and the person responsible for the hiring process insists on the person even if the person's record is?
This program references home health care services that could be paid for or coordinated by federal or state health insurance funds. The homebound person contracts the providers of in-home care in the Consumer Directed Services Program to provide services.
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010

Provide care to the person. The home health care agency doesn't choose or procure the provider that provides care to a person within the Consumer Directed Services Program. Because the client chooses the service provider and is subject to certain conditions for service and work stipulated by the client, the home health organization is not considered to be the provider of these individuals and therefore does not have an obligation to conduct background checks. 

20. How do operators handle agency staff?
The law deals with this issue in section (d). Any employment agency that provides employees with the right to work in the adult-care home or health agency must provide certification in writing that these employees aren't prohibited from working in the adult care facility or home health facility under this law. The person who requests the certification will be informed of any occurrences of prohibited violations.

21. What are the consequences of convictions in other states or federal criminals?
The law says, in the section "(d) to ensure compliance with this section, any information concerning adjudications and convictions of the Federal government, or to adjudications and convictions that are made within states that are not Kansas until the secretary has determined [thatthe secretary determines that such information could be reasonable. It is obtained within two weeks." The law was drafted so that the employer does not work with those who have been found guilty of a prohibited offense. So, if an employer has proof or proof that the person is likely to be unlawfully banned, it's his/her responsibility to follow the rules set out in the law. This includes all sources beyond the reach of the KDHE or the KBI.

22. Can (a licensed adult care home) administrator be exempt?
YES. But, there are additional laws that require background checks following the guidelines of the licensing board.

23. If an employee's name was checked for a background check, and maintains their employment, do they need to be checked over again?
It is the responsibility of the owner to comply with the requirements and regulations. The company will determine the frequency of rechecks. KDHE will offer the services as required by the law. In the ACTION (Adult and Child Care Customer Tracking Information Online Network) system, previous requests and their results will be recorded. This means that KDHE will be able to keep an account on the day of the request, as well as names submitted previously and any results. The information is incorporated in the Health Occupations Credentialing Registry and is accessible to certified personnel when they contact KDHE. Kansas Nurse Aide Registry. The quarterly reports are released that include the names of persons who have been subjected to the criminal background check processed during those three months.

24. If we dismiss someone on the basis due to a background check, does that considered a violation of the facility's unemployment insurance?
The question needs to be referred directly to the Department of Human Resources. Department of Human Resources.

25. What should a facility do with prohibitions when employees are brought to the facility. How can we keep providing services even when we need to dismiss a few employees?
The law is clear about the responsibility of the employer. For example, intentionally employing someone who has committed prohibited conduct after a background check would violate the law.
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010

26. Does this concern long-term care facilities in hospitals?
NO. The law applies to all licensed adult care facilities (or the home-health agency) in Kansas. This law does not apply to hospitals that are licensed. However, it does apply to home health care facilities that are hospital-based agencies.

27. What was the situation with residential care and assisted living facilities that don't require an administrator?
The law states that the operators of an adult care facility (or home health agencies) "shall not be operating if there is a worker who has committed a crime that is prohibited in the establishment (or house). The operator is responsible for conducting background checks. The "operator" of an assisted living facility or boarding home is required to file the criminal background check requests for any non-registered or licensed person who is employed.

28. Because this information is being sent to KDHE via an online registry (Health Occupations Credentialing), does it mean that we are required to verify only through the registry?
NO. The criminal background check database does incorporate the data gathered from background checks to the KNAR (registry) databases, but they are not identical. Criminal background checks must be made in writing and paid for with charges. If a person who is listed as a member of the KNAR has been subject to a background check within the past year, this information will be provided to the registry. Since the law doesn't need a second legal background check if one has occurred within the last year, offering this service removes the requirement to submit paperwork and payment for the particular person. Note item 23 above.

29. If a particular facility has done background checks, but not all of the components included in the background check were checked, Does that mean we need to do the background checks again?
The law is very specific regarding prohibited items. Therefore, if the records previously were not accessed contained the documents (juvenile records, for instance), it is imperative to verify the information to comply with the law.

30. The statute is referring to "anyone working" within an adult-care facility . . . What about those who cut the lawn or a contractor doing painting or plumbing? Will it apply to those who do these jobs?
It is understood to refer to all workers who work regularly and is not excluding the emergency repair technician or contract work. If there's any doubt about whether an individual is covered under the law, it is recommended that a background check should be conducted.

31. Under the exemptions for volunteers, do you include people who have completed community service to deter or conviction for a crime?
It is the policy of the department that every operator who offers community service for diversion or a criminal conviction must carefully consider the potential benefits or risks to the client or residents. The operator must be supplied with the correct information from the court representative to show that the individual would not be a subject of prohibition under the law if they were employed. It is also an administrative decision by the person who is operating.

32. What happens if you've got an employee who's been in the workforce for longer than five years and has a conviction that is not allowed, and you are aware of it? What should you do?
The law allows employees to be exempt within the same organization or facility for five years consecutively before July 1, 1997 (employed before June 30 1992). The law is an administrative decision by the agency's operator.
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010

33. What are the states involved in this issue?
The exact number of people covered is not available. However, the reports from the past suggest that the same types of regulations govern most states. However, each state has its legal code systems, making cross-state comparisons difficult.

34. What happens if you hire someone with a criminal background check in another state? Does this apply to Kansas?
NO. There isn't any Kansas criminal records information gathered. However, suppose you've got information from a different state which suggests that the person is convicted of an unconstitutional conviction from the state in question. In that case, the individual is barred from working in that state.

35. What about facilities at the borders of the states, can the background check in Missouri work for Kansas?
NO. This isn't the case (due to reasons listed earlier). However, operators should make every effort to collect and incorporate references and background information on anyone who is a potential employee.

36. Does a business have the right to charge a worker for costs associated with background checks?
The law doesn't address the issue. Consult your lawyer and the Department of Human Resources.

37. What is the best way to determine the race of an individual -- do you need to have Hispanic or Mexican as options?
The categories of race conform to the guidelines that are set out through the KBI. Therefore, Hispanic, Spanish, or Mexican is classified as ethnicity (not race). The person on who the background check is performed should be able to define the race of their classification.

38. If we've already conducted background checks, say we've been sending the results straight to KBI or an alternative service provider -- do we need to do them all over again? Have we already paid?
YES. The idea is to create an all-in-one source to access information about criminal records history, referred to by law as KDHE and KBI. One of the reasons for this requirement is the standardization of records. Information accessible through the law enforcement department of a county or an agency independent of the county will not necessarily include records for juveniles. In the current law, specific youth convictions (history) will be grounds for a ban on employment.

39. What is the exact date of employment that allows those employed for a long time to get exempt?
Employees who had continuous employment before July 1, 1992, aren't required to undergo a background check.

40. Do we need to test our employees regularly?
NO. There isn't an annual obligation to submit annual reports. However, if a business or agency submits employee requests each year, KDHE will process the request.

41. Do drug crimes count as a crime by law?
NO. The primary prohibitions concern convictions involving crimes against individuals, sexual assaults, or the effects of family relations.

42. Do we mail the check to KBI as they charge for background checks?
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010
NO. The only obligation is for $7.50 per individual directly to KDHE. KDHE will handle making the payments to KBI.

43. Do you have a list of all illegal convictions?
YES. The grid has been created that outlines the convictions and the status of the prohibitions for the convictions that are applicable. Click here for a list of the convictions that are prohibited. But, the operators don't need to go through this level of detail. If a match is discovered, a thorough investigation will be conducted, and verification of conviction details as well as the conviction that was prohibited will be done by the department's staff. This confirmation will form the basis for the reply notifying the entity. The protection is provided for employees employed under conditional conditions and the liability protection for any employment action for the operator. KDHE will analyze the report based on the law; the requestor will not be required to analyze the criminal convictions/prohibitions.

44. Can we bring in all our licensed nursing staff, even though they're exempt?
NO. This law does not permit KDHE to conduct KBI background checks on licensed health care professionals. If you are interested in doing this, you must contact the licensing board for the profession you are interested in. (This includes occupations like nurses and social workers, psychologists, physical therapists, audiologists, speech therapists, doctors, and others.)

45. Is this legislation applicable to long-term care units in hospitals and assisted living and residential facilities?
The best way to determine which facility is required to comply with the law is to ask these questions:
* Is the establishment licensed by the Kansas Adult Care Home Act or Kansas Home Health Licensure Law? (Yes means the law is in force)
* Is the establishment licensed as a Kansas Hospital or Medical Care facility? (No is a legal requirement, so the law is not applicable)
Also, remember that this is a KANSAS Law and doesn't belong in federal government reimbursement plans like Medicare and Medicaid.

46. Our organization is an Area Agency on Aging and offers some services at home. Are we required to comply with the law?
Refer to question 45. The law applies to the owners of licensed adult care homes and home health services. Please contact your AAA director or Kansas Department on Aging if you have any questions.

47. What is the lawful way to inquire regarding juvenile convictions? For example, I have a group of 15-16-year-olds working in the laundry room, housekeeping, and the kitchen. Am I entitled to the authority to let them in?
YES. You not only have the right to do so, but it's the law.

48. Do we have to use the form we have created (or our company's) demand form?
NO. Make use of the form that was prepared and distributed by KDHE. Additional forms are available, or pre-paid forms can be purchased. Contact Sarita Everett at (785)296-6958.

49. What happens if I cannot find the correct job description within the form?
Select the category that's the most appropriate for you. If you've suggested categories to be
http://www.kdheks.gov/hoc/ach_adm_resources/cbc/cbc_faqs.html 9/22/2010
In addition, you should note that you have noted it in a separate place after you've made a choice. They will be analyzed.

50. Your job classification comprises several job titles, which volunteers within our office will fill. Are we required to provide the names of these volunteers? NO. The law defines who is exempt, such as volunteers. However, the law does not define what they are doing.

51. What criteria do KDHE determine whether a person is more prohibited, given that the law has been amended to allow an individual to work after five years have passed since the date of their sentence or sentence, etc.?
If there is no verification available through the KBI, the person being disqualified must request the correct information be supplied directly to KDHE by the judge that has jurisdiction or from the Department of Corrections.

52. What can we do when employees work at multiple licensed locations? Why should we pay $7.50 and complete an application for each facility? NO. It is important to note all facility license numbers on the form the person is requesting. This ensures that the individual has been screened to ensure that they are employed at each facility (site).

53. Are the government institutions (KDHE, KBI) checking for theft convictions? And will institutions have access to this information?
NO. The information about a conviction that is required under the prohibition on employment doesn't include information about the theft. Information that can be divulged is defined under the law. The amended law permits the administrator of an adult-care facility or home health center where the applicant was subject to background checks to share the results of such background check and may release a copy of this background check to the operator of an adult care facility or home health facility for which the applicant is applying. (KSA 39-970 (i) and KSA 65-5117 (i)).

54. Can an individual continue to work after having the offense removed. After an official document of expungement decision is received, inspected, and confirmed by KDHE, an official letter is sent to the person's employer stating an earlier Notice of Employment Prohibition null and void.

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

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