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Michigan Healthcare Background Check

  • mcl 333.20173A (Public Health Code)
  • mcl 330.1134A (Mental Health Code)
  • mcl 400.734B (Adult Foster care licensing and registration act)


Nursing homes, county medical care facilities, hospices ,hospitals that offer swing bed services Medicare certified home health agencies for psychiatric inpatient and hospitals home for the elderly contracts for adult foster care facility staffing agencies (verified) requires the state and FBI fingerprint-based background survey tiered system of exclusions 1 year to permanent. Section 1 of the law provides the time frame for exclusionary offenses or offenses. Legal guides from the past are not recommended because of changes in laws or policies. 


Also, it is excluded from:

  • any finding of not guilty because of insanity (NGRI)
  • substantiated findings of absurdity, or wrongful use of property important findings on registry cash
  • office of inspector general (OIG) sanctioned provider list (SPL)
  • nurse aide abuse registry (NAR)
  • public sex offender registry (PSOR) offender tracking information system (OTIS). Learn more about the Michigan healthcare background check.



The requirement of the background check is in the laws provides for continuous monitoring of workforce (state of mi only) when a record is posted to the Michigan state police (MSP) by a law enforcement agent or prosecutor matching the fingerprints inside file, MSP sends an electronic notification of the same to the background check unit.


The workforce background check unit will notify employees of any exclusionary conviction recorded via rapback or a charge or arrest is not the reason to terminate if the employee is not qualified, he is no longer able to be employed in a direct access/direct services a position.

 

Do I need a different system for background check?

No! Covered providers must use the miltcpartnership.org workforce background check system. Visit the frequently asked questions section on the miltcpartnership.org homepage for details on access to the system. Staffing agencies/contractors that contract covered providers can open an account in the miltcpartnership.org system. The account requires a one-time registration cost of $100.00. Verification must be done of a covered provider  Visit staffing and contractor agency registration on the miltcpartnership.org page for more information or to complete the registration. But, staffing agencies/contractors are not required to create a round check account. If they don't, it is the covered provider's legal responsibility to complete the background check.


Who is required to have a Michigan healthcare background check?


The background check laws require covered providers to conduct a fingerprint based background check on individuals. The following are the types of checks:

  • Employing
  • Independently contracting with
  • Granting clinical privileges to who regularly are granted direct access or offer direct services to patients or residents of the facility or agency covered by insurance.

The law authorizes only these people to have their background checked in miltcpartnership.org.
"direct access" is the term "... The ability to access a resident or patient or to a resident's or resident's property medical records, financial records, medical information or any other identifying information."

Most students and volunteers do not fall under the background check laws!


Background check laws are not mandatory. Background check laws do not oblige or require students to obtain an initial fingerprint background check. Even if a student is granted "direct accessibility" to residents or patients as part of their academic program, students should only be able to undergo a fingerprint-based background check if they are additionally granted clinical privileges by the facility or an agency. Background check laws are not a requirement. Background check laws do not oblige or permit most volunteers to undergo a fingerprint-based background check. Volunteers are only required to undergo a fingerprint-based background check if they receive the right to conduct clinical examinations by your organization or agency or if they are hospice volunteers and are qualified employees per CFR 418.3. CFR 418.3.


How can I find someone to conduct fingerprinting?


You must obtain a completed and signed consent and disclosure form from all applicants before launching the background check process (with the exclusion of covered providers who obtain an equal eligibility determination from an agency or contractor, effective 2-21-19)
the consent and disclosure form is available under the section information on the miltcpartnership.org homepage. You must use the state contracted fingerprint vendor Identogo appointments must be booked within your miltcpartnership.org. The fingerprinting is arranged outside the miltcpartnership.org system or performed for a different purpose. For example, healthcare licensure, and education employment, is not available. For instructions on fingerprinting out of state, the applicants must read "Identogo by Idemia non-resident card scan processing procedures" under "information" on the miltcpartnership.org homepage.


How much does the Michigan healthcare background check cost?


$51.50 the rate has been increased by $1.25 due to FBI, effective January 1, 2019, it applies to all covered providers, staffing/contract agencies, and except for adult foster care facilities and homes for the older. 333.20173a(4) arrived changed effective February 11, 2018. August 1, 2018 the state will pay for 40 background cash per yearfor home for the elderly with less than 100 bedded and 50 background checks per year for HFA with 100 beds or more avoiding an implementation...
Background checking laws indicate that providers cannot request reimbursement for the cost of the background check and that prospective workers are not able to be charged for the cost of the background check.


How do i pay for the background check with cash?

 

  • Card online, continuing the prompts inside the miltcpartnership.org system 
  • A check for common bank or money order at the time of the fingerprinting appointment
  • Escrow account

Check out "Identogo through Idemia escrow package" under the section information on the miltcpartnership.org homepage.
All questions concerning appointment scheduling, scheduling, and payment should be directed to Identogo via Idemia at 866-226-2952.


Do i have to accept an "is eligible" note from a different facility or agency for staffing?


No! Each covered facility/agency must be capable of supplying a letter that states that the employee, independent contractor, or person who is granted a medical privilege is eligible to work at their facility or agency. The eligibility determination letter should contain the name of the specific service or agency for which the person is employed. Even if your company owns several facilities, the person must obtain a background check of each specific location/factory at which they are working. Our office needs to know where people are working, so we know where to send notifications

 


Does each new background check require a new fingerprinting?


Not required. The milctpartnership.org system is designed to offer a valid "shared" eligibility determination when it is made available for free to the provider. In most cases, a result from a fingerprint can be used for 12 months from the date of the fingerprinting practiced in this program. Example: a person was printed by a protected provider on December 12, 2017. They may apply for employment in a different covered agency without needing to be printed again until December 12, 2018. Requires Michigan residence for the preceding 12 months.
It is required that the previous fingerprinting was completed under this program (printing for a different purpose, e.g., healthcare licensure, education, etc., is not permitted), new printing is not required if the employee maintains employment at the same facility/agency but is required if applying at a new facility/agency to obtain updated FBI results

 

How do I obtain a shared eligibility determination?

 

  • Log in to your background check account
  • click on new application to start the background check process
  • submit the registry checks and then make your HR decision preliminary.

This is required because registry check information is not included in rapbacks. If a shared eligibility determination is available, you will receive the eligibility letter at this time (rather not being commanded to make an appointment for a fingerprinting) and make your final hiring choice.


How do I obtain a stated eligibility determination from a contractor or staffing agency?

 

  • Log in to your background control account
  • click new application to begin the background check process
  • continue clicking on switch to contract staff
  • enter the applicant's confirmation id and date of birth (obtain from the staffing agency/contractor)
  • registry checks are complete and final. Your final decision regarding your hiring period
  • you will be provided with the eligibility determination letter, including your name, address, and phone number, at this time.
  • Make your final hiring choice

This process only works when receiving results from a staffing contractor or agency and will not work to obtain results from a different covered provider.




Make users manageable


Allows the primary administrator to create/disable sub-user accounts and verify the agencies of contractor/staffing agencies
sub-user accounts should be disabled immediately if the sub-user terminates employment or no longer requires access to the system!
If a sub-user account is disabled, the primary administrator email address changes to be the default for rapbacks, employability determinations, re determinations.
Contractor/staffing agencies have to be verified by a licensed provider to create a background check account

 

 

Miscellaneous


Always verify the correct SSN and DOB. Be sure that the information on the application in the system is in line with the information on the id picture that the applicant will take to the fingerprinting appointment. A valid government-issued picture identification is required to get fingerprinted (driver's license, state id, military id, passport)
for those applying with foreign addresses, please use the address of the office or agency you work for.

Registry checks
office of inspector general - exclusionary
sanctioned provider list exclusive
nurse aide registry for abuse - exclusionary
public sex offender registry exclusionary
often tracking information system for offenders it may or may not be exempt from depending
based on a conviction for an offense and the term of time after discharge, see section (1) of background check laws
conditional hire
the applicants may be offered a conditional raise before the receipt of the back check results if:
.
Avoiding direct access/direct services under supervision by a person who this background survey has cleared
if there is no supervision: ICAT search without exclusions 12 months, Michigan reliance, the fingerprinted finger is done within 10 business from the start date

Redeterminations

  • disqualified applicants may request a redetermination of their
  • employment eligibility based on
  • incorrect criminal history records
  • conviction being expunged/set aside/removed from record
  • redetermination request forms mailed to the applicant with an exclusion letter available on the form applicant compresses determines if the response is sent to the employer.


Redetermination response


Notifications are sent via web application and regular mail to the employer and applicant (if requested by the applicant)
three options:

  • Deleted - not eligible to work.
  • Granted - eligible to work
  • May immediately return to work.

Does not require a new background check to make a new final hiring decision in the system
Granted - a new background check required no longer disqualified
A new background check is required to determine current employment eligibility.


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

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