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Vermont Health Background Check

I. Introduction

Conducting background checks of people working with vulnerable individuals is an important part of stopping the abuse, neglect, and abuse. This policy offers a uniform system for background checks. It defines the circumstances when the need for a background check is required, the components of the background check, and what happens if a background check reveals a potential issue.


Background checks complement but don't replace reference checks. Background checks should not be considered an alternative to personal interaction with former employers or other individuals who have the opportunity to be able to provide personal information about the candidate's abilities to work with vulnerable individuals.

II. Definitions

A. "Agency" means an entity that manages programs or services run by DAIL1 for anyone "person who uses services."

B. " Background check" comprises the following items:

1. Children abuse registry check database that the Department maintains for Children and Families("DCF") to provide information on people who have been found guilty of abuse, neglect, or the exploitation of children.

2. Registry of abuse for adults check the Database managed by the Department of Disabilities, Aging and Independent Living("DAIL") to provide data about individuals who have been proven guilty of the neglect, abuse, or abuse of an at-risk adult(s).

3. criminal background check Databases, which comprise the sex offender's registry that is managed by Vermont Crime Information Center("VCIC");

4. Federal Exclusions Databasescheck Databases kept by the Federal government

1. This definition also includes an organization that runs programs or services to support the Department of Health's Vermont

Children's Care Services.

The Department of Health and Human Services' Office of Inspector GeneralList of Excluded Entities and Individuals (LEIE), System for Award Management, and departmental health departments such as the Department of Vermont Health Access.

5. Motor Vehicle Driver Record check: Database kept by the Vermont Department of Motor Vehicles. (For volunteers and other employees who provide transportation services as part of the regular tasks of their job.)

C. "Fiscal/ Employer Agent (F/EA)" means an entity funded by the State to manage payroll services, including background checks for those enrolled in self-directed service options. For instance, ARIS Solutions is a F/EA.

D. "Individual Employer" means a contracted home provider (e.g., shared living, developmental homes fostered for adults), surrogate family member, or any other person who receives services and contracts with or employs an employee.

The letter E. "Long-term care facility" means a residential services facility licensed and monitored under the Division of Licensing and Protection. This covers nursing homes, residential care residences, assisted living homes, therapeutic community residences, and intermediate care centers that cater to people with disabilities that are developmental (ICF/DD) or homes for terminally seriously ill.

F. " Person who receives services" refers to the person who receives services as part of a program run by DAIL that includes but is not limited to,

  • Adult Day Services
  • Attendant Services
  • Choices for Home-Based Care Service * Children's Personal Care Services
  • Developmental Disabilities Services
  • High Tech Services
  • Homemaker Services
  • Older Americans Act Programs

Services * Waiver for Traumatic Brain Injury Services * Vocational Rehabilitation Services

The word "Volunteer" refers to a person who is. "Volunteer" means someone who performs services through an agreement in writing with an organization, program, or individual employer. However, they are not compensated (at any level or greater than the amount of a stipend or expense reimbursement) and also can have an unsupervised relationship with or access to the financial resources of a person who gets services.

H. "Worker" means someone employed or contracted with an agency or employer.

2. This definition includes the person who receives Children's Personal Care Services, an initiative that is managed by

VDH.

III. Background Check Requirements

A. Long-term care facilities must conduct background checks as outlined in the regulations governing each facility, found at http://dlp.vermont.gov/survey-cert/facility-regs, and are not subject to the DAIL Background Check Policy.

B. Background check is mandatory for any prospective employees who are paid using funds administered by DAIL.

C. Checks for the background is mandatory for all potential volunteers.

D. Background checks for motor vehicle drivers are required for candidates for employment and volunteers who will be expected to travel with people who require assistance as part of normal tasks. It is the choice of the employer to decide whether to employ an employee or an individual or a volunteer with an egregious criminal record for motor vehicle violations.

The E. Background screening is mandatory for respite workers who families employ via Flexible Family Funding, the Dementia Respite Program, the National Family Caregiver Support Program (NFCSP), or Flex Funds. Learn more about the Vermont healthcare background check.

 

 

 

A. Background check is mandatory for anyone who lives in a house that is an adult developmental home or shared living residence if the home is receiving DAIL funding to provide residence assistance to someone receiving services.

G. The agency/ F/EA must:

  • Distribute a copy background check policy to all interested workers and volunteers before the background check is conducted; and
  • Conduct background checks as necessary under this policy.

The H. A. The company or an individual employer is responsible for paying for background checks required under this policy. F/EA cannot be held responsible for the costs. Anyone who is a potential employee or volunteer will not be held accountable for the cost of background checks required under this policy.

IV. Offer/Start Date of Employment/Contract/Volunteer Opportunity

A. A job offer, contract, or volunteer opportunity could be contingent on successful background checks.

B. The prospective employee or volunteer should begin work before being informed by the employer that background checks have been conducted and are found to be satisfactory.

C. Medicaid funds shall not be used to pay for services provided before the background check is completed or when the background check is found to be unsatisfactory.

V. Exclusions

The funds administered by DAIL are not to be employed to hire or contract with any worker who is:

A. A documented record that is substantiated of neglect, abuse, or abuse of a child according to DCF;

B. A documented evidence of neglect, abuse, or exploitation of vulnerable adults, as determined by DAIL;

C. Excluded from participating in Medicaid or Medicare programs or services or from certain facilities such as those listed in exclusion databases mentioned within II B. 4 above. ;

D. A conviction for a crime without a variance has been granted, as outlined in Section VI below. It is in line with the requirements "job-related" and "business necessity"5 comprising the following:

  • Abuse, neglect, or the exploitation of a child or vulnerable adults
  • Sexually explicit and sexually explicit sexual behavior
  • assaults
  • Unlawful restraint
  • recklessly putting another in danger
  • frauds, including forgery
  • Larceny, thefts, and the robbery
  • burglary
  • embezzlement
  • Extortion
  • Homicide, which includes murder or manslaughter
  • stalking
  • the cruelty of animals or children to
  • kidnapping
  • Possession of pornography for children
  • arson
  • drug-related
  • DUI

Suppose a candidate for employment or volunteer is convicted of a crime or conviction(s) that could result in the exclusion of employment. In that case, they should be advised that they can request a variance in the manner described under Section VI. Exclusions from employment or requests for variances must be taken on a case-by-case basis.

.

Service to the "person who is receiving services," the need for a fresh background check is required. In such a case, the worker will not receive payment from funds managed by DAIL until another background check is completed. However, the worker will be compensated retroactively if it is determined that the background check is satisfactory.

5 The Equal Employment Opportunity Commission ("EEOC") defines "job-related" and "business necessity." See www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Based on the job's specific requirements and functions, the criminal conviction(s) must pose an unacceptable risk to the person at risk or the employer.

 

DAIL Background Check Policy: Update 2017

VI. Variances

  1. Any deviations in starting work prior to when the background check is completed will not be taken into consideration.
  2. The decision the variance is granted should be based on a thorough review and analysis of all the following aspects:
  • the nature of the position
  • the nature and severity in the seriousness of the offense(s) * the amount of time between the offense(s)
  • Number or repeat offenses
  • age at the moment that the offense(s)
  • involvement, from the date of the criminal offense, in police, the justice system for criminals, or protection services for children or adults.
  • Disclosure regarding any of the criminal conviction(s) of the potential volunteer or worker to the person who will be receiving the services, their surrogate, and the guardian of the legal If there is any
  • the caregiver relationship with the person receiving care
  • inaccessibility of other employees or volunteers who can realistically be expected to give the duties required

C. Process for requesting the variance

1. Agency-Managed

  1. According to this policy, a worker interested in applying for variance requests an exception, and the agency is accountable in deciding whether to approve or deny a request for an exemption. For exemptions, see the section above in Section V.
  2. The agency will issue a decision on any variance in the 15 days after receiving the request for the variance.
  3. The agency must adhere to the guidelines set out in the policy before granting or denial of deviations.
  4. The agency must keep an official record of the decision to approve an exemption or denial with the rationale and the conditions. The agency must retain the document and make it accessible to reviewers of high quality in the State.

2. Employers who are Individuals

a. A home-based provider contracted (e.g., development home shared living adult foster care) or surrogate member of the person receiving services or employs a person with the assistance of a F/EA must request a variance in writing. Alongside the details given in section VI earlier, The request must contain the following information:

  1. A letter of variance request from the employer explains why the candidate must be a caregiver paid for the person receiving services.
  2. An email from the potential worker outlining their conviction(s) and the reasons why they should be allowed to serve as the paid caregiver for the person

DAIL Background Check Policy: Update 2017

those who are receiving those who benefit from.

b. If the applicant has the prospective employee's permission, the request should be accompanied by a letter from the person in charge of case management for the employee who will be receiving the service, outlining why he/she supports or does not approve of the change.

C. Variance requests made by employers on their behalf in connection with Choices for Care, the Attendant Services Program or The Traumatic Brain Injury (TBI) Services are to be sent to:

Department of Disabilities, Aging and Independent Living Adult Services Division

28 State Drive, HC 2 South

Waterbury, VT 05671-2070

Fax: (802) 241-0385

Email: AHS.DAILASDBackgroundChecks@vermont.gov

Variance requests made by individual employers to receive Developmental Disabilities Services must be sent to:

Department of Disabilities, Aging, and Independent Living Developmental Disabilities Services Division

28 State Drive, HC 2 South

Waterbury, VT 05671-2030

Variance requests made by individual employers to cover Children's Care Services must be made to:

Vermont Department of Health

Children with Special Health Needs Unit

Children's Personal Care Services

There are 108 Cherry Street, Box 70 Burlington, VT 05401

The Department shall follow the guidelines outlined in this policy. The Department must adhere to the guidelines that are set out in this document.

The Department retains the right to solicit additional information that will assist in determining the request for a deviation.

F. The Department must issue a written decision within fifteen business days from the date of receiving the variance request and to the individual employer. The decision must include the reason for granting or denying an application for a variance. These conditions apply to either granting or denial of the variance as well as appeal rights in the event of an appeal. In addition, the Department must notify the F/EA in the event of processing timesheets the variance request was granted or rejected.

G. The decision on the variance request and any supporting documents (including the criteria considered) will be stored in the Department's files.

D. Appeals

If the employer is not happy with the decision to variance, the employee can contest the decision before the commissioner for the Department or the Human Services Board.

For an appeal before the commissioner of the Department of Disabilities, Aging, and Independent Living, If appropriate, the employer has to make contact with DAIL in the first 30 days after receiving the decision. Contact DAIL at 800-2-241-0353.

Department of disabilities, Aging and Independent Living Department of disabilities Aging and Independent Living State Drive, HC 2 South.

Waterbury, VT 05671-2020

To appeal the decision of the commissioner at the Vermont Department of health, if applicable, the employer should be in touch with VDH in the first 30 days of receiving the decision via phone at 802-865-1395 or by writing to:

Children's Personal Care Services Administrator Commissioner's Office

Vermont Department of Health

The number 108 Cherry Street, Box 70 Burlington, VT 5401

For an appeal before the Human Services Board, the employer must submit his request for a hearing in the first 90 days after receipt of the decision in its original form or within 30 days of the day of the commissioner's decision.


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

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