News & Analysis as of

Criminal Background Checks Health Care Providers

Holland & Knight LLP

Florida Legislation Will Increase Background Screening for Healthcare Professionals

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House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Harris Beach PLLC

Checks, Please! Endorsed by Gillibrand, PROTECTS Act Would Allow Nursing Homes Access to Key Background Screening

Harris Beach PLLC on

Recent reports of abuse in nursing homes are not only disturbing; they also shed light on the difficulties that long-term care (LTC) facilities face in screening potential health care workers. We believe background screenings...more

Baker Donelson

OIG October 2018 Work Plan Update

Baker Donelson on

The OIG added five new items to its Work Plan in the October 2018 update: (1) childcare provider compliance with criminal background check requirements; (2) early results from Opioid State Targeted Response Grants; (3)...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - February 2018 #2

The General Assembly returned to work today with a fresh spirit of cooperation. After delaying action Thursday on the compromise version of HB 159, the much-debated adoption bill, the Senate voted 53-2 to approve the...more

Poyner Spruill LLP

To Disclose or Not to Disclose, That is the Question

Poyner Spruill LLP on

The use of criminal background checks is becoming more prevalent as a form of credentialing for both individual and institutional health care providers seeking licensure, certification or the benefits of other government...more

Fisher Phillips

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

Fisher Phillips on

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

Lowndes

Florida’s Agency for Healthcare Administration Announces Crackdown on Employee Background Checks

Lowndes on

Florida’s Chapter of the Assisted Living Federation of America just advised that Florida’s Agency for Healthcare Administration released an e-blast today warning that it will begin to carefully scrutinize employee rosters at...more

Littler

Pennsylvania Court Rules Background Screening Law Unconstitutional

Littler on

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

Saul Ewing Arnstein & Lehr LLP

Ban on Hiring Health Care Workers with Criminal Histories Rejected by Pa. Appellate Court

A Pennsylvania appellate court has ruled that health care providers providing older adult protective services (nursing homes, long term care facilities and home care agencies) are no longer prohibited from employing...more

King & Spalding

CMS Increases Medicaid Enrollment Screening Requirements

King & Spalding on

According to a new Government Accountability Office (GAO) report, state Medicaid programs are not properly screening beneficiaries and providers for fraudulent activity and ineligibility. The GAO found that states were...more

Mintz - Health Care Viewpoints

Fingerprint-Based Background Checks Begin August 1st for Medicaid Providers

On June 1st, the Centers for Medicaid and Medicare Services (CMS) released a State Medicaid Director Letter (SMD Letter) providing guidance to states on the criminal background check and fingerprinting requirements for...more

Proskauer - Law and the Workplace

Hawaii Supreme Court Says Employer Failed to Establish “Rational Relationship” Between Applicant’s Drug Conviction and Position...

Hawaii, like some other states, only permits employers to consider convictions that bear a “rational relationship to the duties and responsibilities of the position.” Recently, the Hawaii Supreme Court had occasion to decide...more

Pillsbury Winthrop Shaw Pittman LLP

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

Baker Donelson

New Baltimore City Law Limits Employee Criminal Record Checks: How Health Care Employers Are Affected

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Effective August 13, 2014, certain Baltimore City employers will be restricted from asking applicants and employees about their criminal history. However, many health care employers will be exempt from this new law either...more

McAfee & Taft

New Oklahoma security law requires fingerprint-based background checks on certain healthcare employees: Staggered implementation...

McAfee & Taft on

Beginning March 1, 2014, and phasing in over the next several months, a new Oklahoma law requires certain long-term care, residential, and health care providers to perform eligibility screening and national fingerprint-based...more

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