New administrative rules proposed by the Ohio Department of Health relating to criminal background checks of employees and prospective employees of home health agencies become effective January 1, 2013.
The new rules make it mandatory that a criminal records check be conducted on any applicant for a position providing direct care and on an employee who provides direct care for a home health agency, including:
“Direct care” includes skilled nursing case , physical therapy, speech-language pathology, occupational therapy, medical social services, and home health aide services provided in a patient’s home.
Prior to conducting a criminal records check, the home health agency must conduct a check of the following databases:
A home health agency is prohibited from employing a person in a position involving direct care if there is any “disqualifying information” revealed in the review of the listed databases. “Disqualifying offenses ” are too numerous to list here, but can be viewed at Ohio Administrative Code 3701-60-06, using the link below. The rules provide for a tiered exclusionary period system based on the offense committed.
Home Health Agencies must conduct criminal background checks on current employees hired (1) prior to January 1, 2008, no later than thirty days after the anniversary of the employee’s hire date, and (2) on and after January 1, 2008, no later than thirty days after the fifth anniversary of the employee’s hire date, and at least once every five years thereafter.
Home Health Agencies are required to give notice to the applicant that a criminal records check will be conducted and that he or she will be required to provide a set of fingerprint impressions if the individual is consideration for employment. In the case of an existing employee, agencies must give notice that a criminal records check will be conducted as a condition of continued employment.
The new Administrative Rules, 3701-60-01 through 3701-60-09, are available: http://www.odh.ohio.gov/rules/recentfinalrules.aspx