Louisiana Healthcare Background Check
Each of our facilities is dedicated to the residents' safety, health, and well-being. A part of fulfilling this obligation is ensuring that we employ the most qualified professionals to provide care to our residents. To this end, and in compliance with federal and state laws, our facilities must conduct security and criminal background checks on non-licensed employees who offer health care, nursing services, or other assistance for residents in our establishments. "Security check" or "security check" involves using personal identification numbers like names, social security numbers, and date of birth or driver's license number to look up the national sex offender registry. In addition, a private agency, such as the Office of State Police or an authorized private organization approved through the Office of State Police, may conduct the checks. This is a brief overview of the various methods employed for background checks and the criteria for each.
A. Louisiana healthcare background check requirements nursing facilities must conduct a criminal background and security background check "before making an offer hire or contract with a non-licensed individual or ambulance personnel licensed to offer nursing care, health-related services, medical services or other support services to anyone."
An "non-licensed individual" is "any person who offers the compensation of nursing care or any other health-related related services directly linked to the patient's care. or patients in the nursing facility."
1. Before conducting the background check- The employer must inform "each prospective applicant ...that the employer must get a criminal history report and conduct a security search" before the candidate can be employed and get "written consent" to release the information (La. R.S. 40:1203). [see pg. 6 for an example of the form[see pg. 6 for an example form]
2. In order to request the Louisiana healthcare background check- The employer must in writing request that the state police office or another authorized agency "conduct an investigation into criminal records and security check...and must give ...any pertinent information needed for the conduct of the check (La. R.S. 40:1203.2 (B)). A background check fee is $26, and the results can last up to 30 days. Employers can also request the background check and criminal history to be done with the applicant's fingerprints. If fingerprints are required, and they are obtained, the fingerprints must be provided directly to the Louisiana Bureau of Criminal Identification and Information. (La. R.S. 40:1203.2 (B)(2)).
3. If you hire a nurse aide, If your company employs nurses aid and the facility wants to verify by using LA's Certified Nurse Aide Registry that the nurse aid certified is currently certified and registered in the state of Louisiana (La R.S. 40:2120.55).
4. If using a staffing service company- Employers shall only contract for staffing services with businesses who comply with Louisiana law regarding mandatory criminal history and security checks. Additionally, the service must provide accompanying letters to confirm that the employees hired meet requirements for certification and licensure of their field and have cleared Criminal background screenings. (La. R.S. 40:1203.2(F)).
Last updated 2010; Created in 2010; Updated August 2019
5. Temporary employment of a non-licensed individual Employers can offer temporary employment to a licensed person pending the outcome of the criminal background and security screening of the individual" (La. R.S. 40:1203.2(C)(1). Suppose an employer decides to hire an employee on an interim basis. In that case, the employer must inform the state police or a government department within seventy-two hours after the person has accepted a temporary job. If the employee hired temporarily is ineligible to work in any way, as stated in the above paragraph, "the employer shall immediately end the employee's employment." Additionally, they are not eligible for unemployment benefits (La. R.S. 40:1203.6).
B. Test Results Criminal History Check and Security Check
1. If the criminal history report or security checks show an applicant (who is an
Suppose a person who is not licensed (or licensed ambulance personnel) is found guilty of or convicted of a plot or attempt to commit any of the offenses listed below, according to Louisiana statute. In that case, the person applying cannot be hired. If an employee is employed under a contract of temporary employment, then the employee must be terminated immediately. The crimes that are considered to be illegal include:
a. La. R.S. 14:28.1 b. La. R.S. 14:30
c. La. R.S. 14:30.1 d. La. R.S. 14:31
e. La. R.S. 14:32.6 f. La. R.S. 14:32.7 g. La. R.S. 14:32.12 h. La. R.S. 14:34
The Solicitation of murder
- First Degree Murder, Second Degree Murder Manslaughter
- First-degree felony murder, Second-degree criminal Assistance for Suicide Aggravated Battery
- Second Grade Battery Aggravated Assault
- A Simple Battery for the infirm, Aggravated Assault
i. La. R.S. 14:34.1 j. La. R.S. 14:34.7 k. La. R.S. 14:35.2 l. La. R.S. 14:37 m. La.R.S.14:37.1 n. La. R.S. 14:37.4 o. La. R.S. 14:38.1 p. La. R.S. 14:42 q. La. R.S. 14:42.1 r. La. R.S. 14:43 s. La. R.S. 14:43.1 t. La. R.S. 14:43.2 u. La. R.S. 14:43.3 v. La. R.S. 14:43.5 w. La. R.S. 14:44 x. La. R.S. 14:44.1 y. La. R.S. 14:46.2 z. La. R.S. 1 4:51 aa. La. R.S. 14:60 bb. La. R.S. 14:64 cc. La. R.S. 14:64.1 dd. La. R.S. 14:64.4 ee. La. R.S. 14:66
- Assault with a Drive-by Shot Armed with a Firearm 1 Mixing Harmful Substances and Aggravated Violence
- Forcible rape
- Simple Rape
- Sexual Battery
- The Second Degree of Sexual Battery
- Oral Sexual Battery
- Intentional exposure to AIDS Kidnapping of AIDS Virus and False Imprisonment of Kidnapping in the Second Degree
- Human Trafficking
- Aggravated Arson
- Armed Robbery
- First Degree Robbery
- Second Degree Robbery
f. La. R.S. 14:67.16 Identity theft
g. La. R.S. 14:89 Crime Against Nature
h. La. R.S. 14:89.1 Criminal Aggravation Against Nature
i. La. R.S. 14:93.3 Criminal Offenses that Affect the Health and Safety of the Infirm
j. La. R.S. 14:93.4 Utilization of the Infirm
k. La. R.S. 14:93.5 Sexual battery of infirm
l. La. R.S. 14:283.3 The abuse of people with disabilities using electronic methods mm. Possession or distribution to distribute controlled dangerous
substances that are included substances listed in Schedules I to V in the Uniform Controlled Dangerous Substances Act.
* If an employer offers the services or treatment to anyone less than 21 years old, Convictions for the following crimes are also not allowed: (1) Aggravated kidnapping of an infant [La. R.S. 14:44.2R.S. 14:44.2 (2) Criminal Misdemeanor Knowledge of a juvenile [La. R.S. 14:80.1 (3) Molestation by a juvenile or someone with a mental or physical impairment [La. R.S. 14:81.2[and (4) the culpability of juveniles [La. R.S. 14:93]. A conviction of an attempt or coercion to carry out any one of the previously mentioned crimes is also a crime that is prohibited.
* Effective June 4, 2014 the law also prohibits employment of any person who has been convicted of a felony charge that involves theft, as per R.S. 14:67, or the theft of assets belonging to an older person or disabled person as per R.S. 14:67.21 more than five hundred dollars, or in any situation in which the person who committed the offense has been previously found guilty of theft, in accordance to 14:67, or the theft of the assets of an elderly or disabled disability, under R.S. 14:67.21 regardless of the amount of the theft. Any conviction or conspiration for the commission of any one of these above crimes is also prohibited. Suppose an employee that meets these criteria was employed at an establishment before June 4, 2014. In that case, the employee can continue to work at the facility for the duration of the position in the event that the employee stays at the facility. (Attorney General Opinion 16-0029.)
* The requirements of this section do not apply to anyone who has received a pardon of conviction or been able to have the conviction expunged.
It is important to be cautious before hiring anyone with a criminal history, regardless of whether the offense isn't listed above. Even though Louisiana law does not mandate that an employee be fired or denied employment due to a crime that isn't listed, however, it is prudent to consider hiring anyone with a criminal conviction, keeping the safety of residents the primary concern. The facility may be liable for actions committed by this employee, regardless of whether the offense is reported or not.
C. Fair Credit Reporting Act- If your business utilizes a third party to conduct a background check on a prospective employee, the resultant document will be referred to as a "consumer report.
Consumer reports may contain data from many sources, such as credit and criminal reports. When you utilize consumer reports to make decisions, such as promotions, hiring, retention, or reassignment, you need to follow your obligations under Fair Credit Reporting Act (FCRA). Therefore, you must follow certain steps before you receive a consumer report and before and after you make an adverse decision. Here is an analysis of the rules.
(i) (ii) You have to inform the employee or applicant that you could utilize the information to help them in their 3
1. Before you receive an informational report from a consumer
consumer report to inform employees of choices relating to their work. This report must be written and must be in a separate format. The notice should not be included in an employment application. You may include details in the notice, for example, an explanation of the specifics of your consumer report, but only if they do not distract or confuse the content of the notice.
(ii) You must obtain written consent from the employee or applicant. This could be part of the form you submit to notify the person you'll obtain a report on their consumer. If you'd like to grant permission to permit you to obtain consumer reports during your job, ensure that you mention them.
(iii)You must prove compliance with the business to who you're receiving the employee's or applicant's information. You must confirm that you have done all of the following: informed the employee or applicant and gained their consent to access the report, complied with all FCRA requirements, and did not discriminate against an applicant or employee or misuse the information as stipulated by any applicable state or federal equal
chance law or regulation.
2. Before taking adverse action- before you deny a job candidate or reassign or dismiss an employee, refuse an offer or other adverse employment decision from the information contained in a consumer report:
(i) It is your responsibility to provide the applicant or employee a notice that contains a copy the
Consumer reports you relied on to help you make your choice, and
(ii) (iii) You must provide the employee or applicant an overview of Your Rights Under the Fair Credit Reporting Act (which the business that provided you with the report ought to have handed an explanation to.). This gives the person to look over the report and let you know whether the report is accurate.
(iii)You must wait for an appropriate amount of time before you take any adverse employment action.
3. When you take an adverse action - If you take adverse action based on information from an informational report on consumers, it is your responsibility to give the employee or applicant a notice of the situation in writing, verbally, or electronically. The notice must contain the following information:
(i) The name, address, address, and telephone number of the consumer-reporting firm that
They provided the report.
(ii) A declaration that the business that provided the report didn't make the decision to adopt the undesirable action and is unable to provide specific reasons to support it (iii) A statement that the company that provided the report did not make the decision
(iii)A note of the individual's right to contest the quality or accuracy of any information the consumer's business provided and obtain an additional report free of charge from the business when the customer requests it within 60 days.
D. Medicare and Medicaid Facility Requirements
* If your facility is receiving Medicare or Medicaid residents, 42 CFR 483.13 must be met for all
Nursing facilities are not allowed to be able to employ people "who are (A) indicted for 4
abuse, neglect, or abuse residents as determined by the law of a court (A) (B) has received a report in the State nurse aide registry regarding maltreatment, abuse, or neglect of residents or the misappropriation of resident property." There aren't any federal regulations for conducting a background check, as each state is allowed to create its background check procedures (see Louisiana section above).
But, Medicaid agencies are forbidden from employing "excluded people." Excluded people are those with: (1) convictions for criminal acts that are related to the program; (2) convictions relating to abuse of patients; (3) felony convictions connected to fraud in the health sector; or (4) criminal convictions concerning substances controlled. 42 U.S.C. 1320a-7(a). Office of Inspector General ("OIG") manages the List of Excluded Individuals and Entities ("LEIE"), and any company that employs someone who is listed on the LEIE could be penalized for civil penalties. OIG could impose penalties of up to $10,000 per service or item provided by an individual who is excluded. 42 C.F.R. SS 1003.102
Although the OIG does not require employers to examine the LEIE before the hiring process, it does advise providers to examine the LEIE every month as a best practice.
In addition, according to Medicaid regulations, the Louisiana Department of Health has now implemented its database for individuals and entities that have had adverse actions imposed, found at https://adverseactions.dhh.la.gov. LDH recommends that healthcare providers visit the site each month after hiring.
Criminal history checks, as well as security checks, should be kept secret. The records will only be used by the company that made the request. The records will not be disclosed to anyone else or an agency unless the individual who is being investigated provides written consent or when a court ruling requests the release of it.
After completing a criminal or consumer history report, it is essential to remove the report from the premises and any data you have obtained from it. It could be as simple as shredding, crushing, or shredding documents and the disposal of electronic data so that it cannot be read or rebuilt.
Updated on 2022-11-04 19:33:49 by larry coleman