What is a background check?
Part of the employee screening process as well as certain regulatory compliance requirements include background checks. A background check collects data about a person’s employment history, criminal background and social security verification among other factors. It allows you as an employer to look at the full picture and make sure you are hiring the right candidate every time.
Background check reports can be requested while scheduling a physical or drug screening saving you time and allowing for faster reporting. This is still all about streamlining your onboarding, remember?
What should I be checking my home care workers for?
There are dozens of background checks available. However, popular background checks for home care agencies include:
County, state, national, federal criminal checks
- Statewide criminal record searches in states that permit the legal dissemination of criminal record information by individual state repositories. Crimes reported may include felonies, misdemeanors and traffic violations. Due to legal restrictions, however, some states do not allow repositories to disseminate criminal record data. In other cases, those states that permit dissemination may require fingerprint cards or a special authorization form.
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OIG & GSA exclusion searches
- The Office of Inspector General List of Excluded Individuals and Entities (OIG) database search provides a list of persons or entities involved in patient abuse, health care fraud, or convicted of controlled substance felonies. The OIG maintains the List of Excluded Individuals/Entities (LEIE), a database which provides information to the public, healthcare providers, patients and others about parties excluded from participation in the Medicare, Medicaid and all Federal healthcare programs.The U.S General Services Administration Excluded Parties Search (GSA) database includes information regarding entities debarred, suspended, proposed for debarment, excluded or disqualified under the nonprocurement common rule, or otherwise declared ineligible from receiving federal contracts, certain subcontracts, and certain federal assistance and benefits. Industries that pertain to this search are: health services, insurance, banking, trade, and retail services. [edsanimate_end]
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SSN Trace
- Identity verification begins by searching the applicant’s Social Security number through a national credit bureau repository.
Both the name and address history belonging to that Social Security number are returned for evaluation. Next, a listing of the subject’s current and former address history for the most recent 7-year period is extracted from the Social Security number trace. [edsanimate_end]
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Sex Offender Registry Search
- Searches can be conducted on an individual state sex offender registry and/or the national sex offender registry. While convictions for sexual offenses will appear on the criminal record in the county or state where the offense was committed, often sexual offenders relocate where a state or county criminal records search will not reflect the offense. Information returned from sexual offender registry inquiries may include: name, AKA name, physical characteristics, date of birth, residential address, employer, county, state of conviction, date of conviction, and offense(s).
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What are the legal implications with background checking my employees?
The only Federal law regarding background checks is making sure new hires don’t fall on the OIG database. Home care agencies are encouraged, but not required, to conduct background checks prior to hiring individuals or to periodically conduct background checks after individuals have been hired.
Since agency owners receiving medicare and/or medicaid reimbursements are required to follow state laws it’s important to know the policy your state holds. Currently there are 40 states that do require background checks, including New York, for a complete list you take a look here. [edsanimate_end]