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Nevada Healthcare Background Check

  1. Which licensed Division of Public and Behavioral Health establishments or agencies must background check employees?
  • A company that provides personal services for the home
  • An agency that can provide nursing services in the home
  • An establishment to provide intermediate care.
  • A skilled nursing facility
  • Groups can stay in a residential facility.
  • Residential homes for individuals
  • Hospitals for long-term acute care
  • A hospice care program
  • Nursing pools
  • A center that provides care to adults throughout the day.
  • Hospice care facilities
  • A major component of the skilled nursing department in a hospital
  • A hospital that provides swing bed services.
  • Medical facilities like hospitals that offer residential services for children
  • A treatment facility that treats addiction to drugs or alcohol that offers child care services in a residential setting.

  1. I am a prospective applicant for a license to one of the agencies or facilities mentioned above in question #1. What do I do to begin my background check process (NRS 449.122 )?

First, it is to require you to ask the owner(s) to have their background checked according to NRS 449.122 for them to get the license. A license is required before beginning background checks on employees. Refer to the application for licensure to get an easy step-by-step guide on how to have background checks.

Only NRS 449.122 is valid to obtain the license. The use of another NRS and/or of an individual criminal background check will not be recognized by Bureau.

  1. It is my turn to be one of those agency/facility kinds listed in Question #1. I am a brand new applicant. I just received my license and am looking to start background screening my employees. What's the next step (NRS 449.123)?

You need authorization from the Division of Public and Behavioral Health before opening an account in the Department of Public Safety (DPS) to begin conducting background checks on your employees. In addition, DPS will require that you provide a copy of your license upon establishing your account.

After obtaining a license from DPBH as one of the agencies/facilities listed in Question #1, you must establish an account with DPS to submit fingerprints following NRS Chapter 449 by going to:http://gsd.nv.gov/uploadedFiles/gsdnvgov/content/FeesForms/Civil_Applicant_Program/CivilAppChecklistAndApp.pdf

Once the fingerprint account with DPS has been set up, the instructions on how to submit fingerprints will be sent to the agency you work for.

  1. What can I do to conduct a background check on my employees?

ALL organizations and businesses mentioned in Question #1 must use Nevada's Automated Background Check System (NABS) to conduct background checks on new and current employees who are due for a five-year background check.

In the 10 days after the hiring of an employee or accepting an employee from the temporary employment service, or signing the contract with an uninvolved contractor, the following steps must be taken:

1. The employee or applicant must sign and date the civil Applicant Consents, Waiver, and Criminal History Self Disclosure Form available within NABS (go back home page, then select the hyperlink called Applications Forms).

2. You can enter the new hire candidate or employee into NABS by clicking Applications and then Add New. Fill in the details on the screens, and then follow the Next/Submit instructions until you arrive at the Confirmation of Application page.

3. Make a Fingerprint form and hand the applicant the form to bring along to be fingerprinted. Then, send an applicant for fingerprinting.

NOTE that NRS 449.123 can be utilized for a background check on a facility's employees, the employees employed by a temporary work agency that is employed in your facility, and independent contractors. However, only NRS 449.123 can be used to accomplish this using the other NRS. An individual criminal history check is not considered during the review of employee background check records during an inspection.

  1. Where do I send my application to get their fingerprints?

We strongly suggest that you provide fingerprints electronically due to:

  • There is less chance that fingerprints won't be rejected because of low quality.
  • You will likely get a quicker response to background checks. 

You can find a list of fingerprinting agencies that submit electronically to DPS by going to the DPS website at: http://gsd.nv.gov/uploadedFiles/gsdnvgov/content/FeesForms/Fingerprint_Information_and_Forms/DPS%20Website%20-%20FP%20sites%20050415.pdf

 

  1. My business has to run background checks. Who is required to be screened?

In conformity with NRS 449.123, the individuals listed below must be scrutinized regardless of whether they provide direct patient care or not:

  • Every employee
    • This includes the administrator
  • Each employee of a temp employment service company working at your establishment
  • Each independent contractor

Exclusions: Volunteers and individuals who are not employed by the institution or agency but are directly hired by a resident of your licensed company do not require background checks. If your organization would like to conduct background checks on volunteers, they can contact DPS for more details on how to proceed.

  1. If an applicant has been fingerprinted in the last six-month period, will I have to fingerprint them again?

The applicant must be entered into NABS (see question #4 for directions on how to complete this).

If an applicant has been determined to be eligible (it means that they were fingerprinted within the previous six months and did not commit any of the disqualifying offenses that are listed within NRS 449.174), click the "Add New Application" button located in the upper corner. After the application page has opened, you have the option of:

  • Check the registries, and if there aren't any disqualifying registry results, hire the person without having to fingerprint them again; OR
  • It is possible to add to your application a new one and get the applicant's fingerprints taken.

Choose the option you'd like to select. Both options are acceptable. It is recommended to consult the policy of your agency or facility to determine which selection is for your particular facility or agency.

  1. When do workers require to have their background checked?

At least once every five years after the date of the initial investigation.

  1. How many background check records must be kept?

1.) Evidence of fingerprinting

  • If prints are made by hand are taken, a copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History must be kept.
  • If fingerprints are electronically taken, evidence of fingerprint submission electronically must be kept.

2.) A signed and dated Civil Application Waiver, Consents, and the Criminal History Self-Disclosure Form (can download by logging into NABS and clicking the Application Forms link on the main page).

3.) The Clearance Letter (issued by NABS for all eligible and Undetermined employees)

4.) The current employee list and workers of temporary service and independent contractors should be kept by the Nevada Automated Background System (NABS). This is done by:

  • Permanently or temporarily hiring all applicants who meet the criteria or have undetermined results, as appropriate.
  • The process of verifying employees for all employees when they are asked to take action by NABS.
  • The employee is terminated or closed once the chance to challenge is over and the candidate remains ineligible.
  1. What can an undecided outcome refer to, and what do I do to fix it?

Unknown Information from Background Checks (final confirmation of whether you are cleared for or have not been cleared for employment may not be made due to the absence of details)

The agencies/facilities mentioned in Question # 1 must comply with the rules adopted by the State Board of Health, LCB File No. R111-12 became effective on April 28, 2014. and deals with results that are not yet known.

Suppose an undetermined outcome is discovered within ten days of receiving the result not yet determined. In that case, your facility should inform the contractor or employee that they are required to supply information to the Central Repository (Department of Public Safety) with the necessary information to make an informed decision as to whether or not an employee is cleared and approved for employment. Within 30 days of being informed of the outcome that was not determined, the employee or contractor must provide the necessary information in the Central Repository or proof from the authority court that the required information could not be obtained.

The contractor or employee has to, within 30 days after being informed of the outcome not known to them, follow each of the steps below:

  1. Send a challenge form to the Department of Public Safety (found in NABS). When the Department of Public Safety receives the form of challenge, the Department of Public Safety will contact the contractor or employee to assist them in identifying the necessary information to determine whether the worker is allowed to work.
  2. The contractor or employee must get the information outlined in the above step and provide that information to the location as well as the Department of Public Safety; 
  3. Send a signed and dated document from the tribunal stating that the information could not be obtained. A copy of the letter must be kept in his file.

Employees must abide by the rules. If an employee is found refusing (willfully does not) to comply with rules, they will be fired from their job.

  1. Does a person who is determined to be undetermined or ineligible to be employed?
  • Anyone found to be ineligible and fails to challenge the results as long as the information is correct must be immediately terminated.
  • Suppose a person is determined to be ineligible or not Eligible but has not accepted the findings and has the opportunity to correct the situation. In that case, the person may be allowed to work. However, the agency or facility must take steps to protect residents, patients, or clients, such as:
    • The employee who is a member of a temporary service or an independent contractor from working in the agency or facility by putting the employee on leave;
    • This requires the employee who is employed by an employment service for temporary work or independent contractor to remain under the supervision and direct supervision of employees of the institution or agency when caring for any patient;
    • It was investigating the circumstances of the criminal record to identify and take any action that the institution/agency considers necessary to protect the health of its patients.
    • You can choose to take any combination of these actions.

Important :

  • Undetermined responses have to be rejected by the applicants (follow the directions in Question #10)
  • Responses that are not eligible are only valid if the person who submitted the information is inaccurate.
  1. What is the time for an applicant to be fired? How do I contest the decision?

Before resigning or terminating the employment contract of an individual, if the person is determined to be ineligible (means DPS has determined that the applicant was convicted of one or one of the disqualifying offenses mentioned in NRS 449.174), If the applicant believes that the information is not correct, then the applicant can immediately notify the agency/facilities and challenge their conclusions by sending a contest application to DPS. First, log in to NABS, download the form, and send it to DPS as specified by the instructions on the form. The challenge was received from DPS once you get an email from NABS, which indicates that an appeal to appeal a criminal record is being initiated.

If the appeal is overturned and leads to being deemed eligible, you can employ the person upon receiving the Eligible determination.

If the appeal cannot be overturned, the challenge is insufficiently reversed, and the applicant is not declared Not Eligible. However, when the appeals end notification is received by NABS and indicates that the deadline to correct has expired (45 days), the applicant will be fired or dismissed.

 

Note: An applicant aware that the facts are correct must not contest the results and must be immediately dismissed or denied employment.

  1. Do I need to submit my fingerprints to the Department of Public Safety before submitting my application for licensure for the Bureau of Health Care Quality and Compliance?

No. You must submit your license applications at DPS Bureau first. Without a photocopy or proof of license, DPS won't accept your DPS civil applicant application.

  1. Who pays for background checks?

An applicant for Licensure the Bureau of Health Care Quality and Compliance

The applicant is responsible for background check costs, including the cost of fingerprinting and federal and state background checks.

Facilities, agencies, or residences that require their employees' backgrounds checked.

A facility or agency is accountable for paying for background check costs imposed by the Department of Public Safety's Central Repository. An organization or facility that has to have the background of its employees checked can recuperate from the individual or the independent contractor no more than one-half the amount set on them by Central Repository. Central Repository. Suppose the institution or agency demands that the employee or the independent contractor pay any portion of the cost set by the Central Repository. In that case, it shall permit the contractor or employee to pay for the fee through regular installments. Learn more about the Nevada healthcare background check.

  1. I'm a licensed business. However, my employees aren't required to go through a background check. Can I still get my employees' backgrounds examined?

Yes, suppose your institution must undergo background checks from another State Agency, such as Medicaid or Mental Health. In that case, it is essential to first reach out to the State Agency for information on how you can meet their guidelines for conducting background checks. Then, be sure to follow the background check requirements of the State Agency.

If your business is not required to conduct background checks through another State Agency, you can set up a policy that requires your employees to be background-checked, but they are not required to be checked per NRS 449.123. In this situation, it is the responsibility of your company to determine which crimes make a person unfit for employment.

  1. I do not have a license as a Bureau of Health Care Quality and Compliance facility, agency, or at home; however, Medicaid, Mental Health Services, or any other state agency requires a background check for my employees. Could they be checked using NRS 449.123 (includes the use in the Nevada Automated Background Check System (NABS))?

No. Only licensed facilities such as homes, agencies, or the types mentioned in Question #1 can use the NRS to background check their employees. Contact the state agency insisting that your employees be background checked to determine the proper NRS for conducting a background check. If your establishment is not legally required to undergo background checks through another State Agency, you can establish a policy that requires employees to undergo background checks; however, they cannot be screened by NRS 449.123.

It's also the responsibility of your company to determine what offenses would cause a person to be disqualified from employment.

  1. I am an authorized Bureau of Health Care Quality and Compliance agency facility or a home whose employees must be background verified. What are the procedures for having the independent contractors and temporary employees of service agencies working in my establishment background checks conducted?

Check the employees of all independent contractors and temporary service agency employees who work at your establishment using Nevada's Automated Background Check (NABS) system.

  1. I was informed by my company my employer told me that my background check was positive (Not eligible). What can I do to contest the validity of my background check result? If yes, how can I contest the results of my background check result?

Before resigning or terminating the employment contract of a person when the applicant is found not eligible (means DPS has determined that the applicant was convicted of one or one of the disqualifying offenses mentioned in NRS 449.174) and the applicant believes that the facts are incorrect, the applicant can immediately inform the agency or facility and contest the results by providing a contest application to DPS. Log in to NABS, then fill out the form and send it to DPS as specified in the document. The challenge has been accepted through DPS once you get a notice from NABS, which indicates that an appeal for criminal history has been initiated.

When the case is ruled over and the Eligible decision result, you can hire the individual after receiving that Eligible declaration. The Eligible determination is located in NABS.

If the appeals process cannot be overturned, the challenge is insufficiently reversed, and the applicant is still ineligible. When the appeals end notification is received from NABS with the date to correct has expired (45 days), The applicant has to be fired or dismissed.

 

Note: An applicant who knows the facts are correct must not contest the conclusions and should be immediately dismissed or not hired.

  1. What are the criminal offenses that are disqualifying?

A facility or agency cannot employ anyone who has been found guilty of any one of the following crimes:

  • Murder, manslaughter by voluntary choice, or mayhem.
  • Battery or assault to murder or commit sexual violence or assault.
  • Sexual assault, sexual seduction, sexual indecent exposure, lewdness, or other sexually-related crimes.
  • The neglect or abuse of a child or the cause of delinquency.
  • Abusive, neglect, exploitation, or detention of elderly or vulnerable individuals and an infraction of any lawful
  • NRS 200.50955 and 200.5099 inclusive or a law of any other state that prohibits similar or similar actions.
  • Infractions to any clause of
  • NRS 422.450 up to 422.590 inclusive, concerning Nevada's State Plan for Medicaid.

A facility or agency cannot employ anyone who was in the last seven years of one of the following crimes:

  • Any infraction of any state or federal law that regulates the possession, distribution, or use or use of controlled substances or any other dangerous substance as defined in
  • Chapter 454 in NRS in the immediate preceding seven years.
  • Prostitution is considered a misdemeanor, solicitation for sexual immorality, or any other sexually-related offense that is punishable as a misdemeanor within the seven years immediately preceding it.
  • A crime that involves domestic violence is punishable as an offense of the crime of a felony.
  • A crime that involves domestic violence is punished as a misdemeanor in the preceding seven years.
  • Any violation of a legal provision related to the State Plan for Medicaid or any law in another area that prohibits the same or similar activities.
  • A crime of criminality according to the laws governing Medicaid and Medicare.
  • Any crime that involves embezzlement, fraud, theft, or burglary. Illegal conversion or theft of property.
  • Any other crime that involves the threat or use of violence or force against the victim, or the recourse to a firearm or any other weapon that could be deadly.
  • A plot or attempt to commit one of the crimes mentioned in this paragraph in the immediately preceding seven years.

Updated on 2022-08-04 21:33:49 by larry coleman

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