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Texas Healthcare Background Check

HHSC is mandated to oversee certain kinds of health care facilities to ensure the health of patients and consumers and safety by complying with the state's laws and regulations. The regulatory activities include assessing facilities, looking into complaints, investigating potential violations, evaluating evidence looking over plans of correction, and determining administrative sanctions. In addition, in collaboration with other stakeholders, HHSC sets rules and standards for the general operation of facilities, patient services, and physical facilities, and the rules of procedure for license applications and issues and complaints, violations, and enforcement.
Texas legislation requires specific kinds of health facilities to be licensed before providing services. The process of licensing varies following the type of facility. It could include reviewing application fees, architectural and life safety code approval, and the initial on-site survey. In addition, every employee must be fingerprinted if they work in the health care field.

(a) A contractor is required to conduct a fingerprint-based background check on every new employee, volunteer, or any other individual who is working under the direction of the contractor before the individual is in direct contact with children or their families as well as employees who have been through the fingerprint check to obtain their professional license.
(b) The company must conduct an online fingerprint-based background check renewal on any employee or another employee under the supervision of the contractor who has direct contact with families or children at least once every 24 months unless the contractor is using the Federal Bureau of Investigations (FBI) Rap Back and gets notifications of any arrests or convictions that are made. Employees covered by an FBI Rap Back service must conduct fingerprint-based background checks at least once every five years. The employees considered "un-finger printable" to be fingerprinted by the Texas Department of Public Safety, or another fingerprinting agency should undergo an identity-based background check completed every 24 months. If at any point the contractor is concerned that an employee has been found guilty of a crime listed by SS745.661 from this book (relating to what kinds of criminal convictions can hinder a person's eligibility to participate in an event? ) The contractor must perform a fingerprint-based background check renewal on the person in question.
(c) The contracting company must ensure that all therapists offering Medicaid services to Early Childhood Intervention children are properly enrolled in Medicaid. Texas Medicaid Program. This requires disclosure of any convictions or arrests, as required by 1 TAC SS371.1005 (relating to disclosure requirements). It is possible that the Texas Health and Human Services Commission (HHSC) Office of Inspector General can recommend denial of enrollment or renewal based on criminal records, following the 1 TAC SS371.1011 (relating to the Recommendation Criteria). Learn more about the Texas healthcare background check.



(d) HHSC Child Care Licensing maintains three tables of criminal history requirements that apply to those who frequently enter licensed child care centers.
(1) Three charts have been posted on the HHSC website:
(A) Child Care Services: History Requirements
(B) Foster or Adoptive Placements and Adoption Placements: Criminal History requirements; and
(C) Registered Child Care Homes and listed Family Homes: History Requirements.
(2) The employer has to scrutinize every worker's background check to ensure that personnel who are regularly entering controlled child care homes or foster homes for early intervention services for children do not have convictions for criminal offenses that could result in the absolute prohibition of entry into them in compliance to SS745.661 from this section.
(e) If an investigation of a criminal background check reveals criminal convictions that aren't listed included on the HHSC Child Care Licensing charts of criminal history or that would prevent the person from being qualified to undergo an HHSC Child Care Licensing risk assessment, the director of the program can conduct a risk assessment. The risk assessment process should comprise, at a minimum, the following:
(1) The number of convictions
(2) the severity and nature of the criminal act;
(3) an age range of victim at the time of the incident was committed;
(4) the relation to the person's fitness or capability to fulfill the job of an early intervention specialist;
(5) the length of time from the date of the last conviction and
(6) any pertinent information that the person provides or displays.

(a) Aside from the exceptions stated by subsections (b) and (c) of this section, an individual must undergo a background check under:
(1) SS745.605(a)(1) - (6) from this subdivision (relating to who should I make requests of background check?) should have fingerprint-based criminal history checks as well as
(2) SS745.605(a)(7) in this section only requires conducting an identity-based Texas criminal history check, with the exception that the individual must be able to obtain fingerprint-based criminal history checks in the following circumstances:
(A) The applicant is a non-resident of Texas in any period in the five years before the time you request a background check; 
(B) There's a reason to believe the individual has a criminal record in another state.
(b) A person who is at the location to complete a skill practicum or observe a person is required to undergo an examination as described under section (a)(2) in this subsection when:
(1) The observations or skills practicum is a prerequisite for the high school or college child-care course that the student is taking within an approved high school or university or university.
(2) The person is placed by one or two experienced caregivers, of whom one must be present whenever the child interacts or observes children.
(3). The individual is present at the facility to meet the requirements of the course and not for any other purpose that requires a fingerprint test. For instance, the operation might not require the person to fulfill the requirements for child care ratios.
(c) This rule does not apply to families with listed homes that offer care to children related to them and employer-based child care services and shelter care operations. Look up SS745.615 in this section (relating to what kinds and types of checks for the background are necessary for people who reside in listed family homes that provide care for children who are related to employers-based child care operations and shelter care services? ).

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

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