News & Analysis as of

Health Care Providers Background Checks

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

Bradley Arant Boult Cummings LLP

Mississippi Half-Step Uptown Toodeloo: Department of Health Proposes Robust Revisions to Medical Cannabis Regulations

Those long-awaited proposed revisions to the Mississippi Department of Health’s medical cannabis program regulations dropped last Thursday afternoon. Thankfully, the department released a red-lined version, highlighting...more

Maynard Nexsen

CMS Designates More Providers as “High Risk”

Maynard Nexsen on

On November 23, 2022, the Department of Health and Human Services and the Center for Medicare and Medicaid Services (“CMS”) passed a final rule that drastically changed the risk categories for certain providers when they...more

Dentons

Healthcare Jobs, Background Checks, the Fair Credit Reporting Act

Dentons on

Background checks have always been a huge issue in the world of healthcare, with many state-specific statutes requiring how background checks are conducted, as well as the other more complex national issues regarding...more

Chambliss, Bahner & Stophel, P.C.

Georgia Legislative Update — Telehealth and Other Health Care Developments

During the recently concluded 2021 legislative session, the Georgia General Assembly passed a number of health care-related bills that will affect providers across the state. Below is a summary of the updated Telehealth Act...more

Harris Beach PLLC

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

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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

Amundsen Davis LLC

What You Don’t Know Can Hurt You: Employee Background Checks At Skilled Nursing Facilities

Amundsen Davis LLC on

Skilled Nursing Facilities (SNFs) are responsible for shielding residents “from abuse, neglect, misappropriation of resident property, and exploitation.” 42 C.F.R. § 483.12. This regulation implicates the employment process,...more

Arnall Golden Gregory LLP

Georgia House Proposes Additional Updates to New Long-Term Care Background Check Requirements

Changes may be coming to Georgia’s new (and not yet implemented) long-term care background check law. If passed, the new Georgia House Bill 91 would authorize the Georgia Bureau of Investigation and Federal Bureau of...more

Baker Donelson

Top Ten Ways to Avoid Litigation in Long Term Care

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Litigation against long term care facilities has reached a fever pitch in recent years. Plaintiff attorneys have been capitalizing on the sympathies of jurors by painting the picture of an elderly, innocent, and helpless...more

Fisher Phillips

USDOL Field Bulletin Reiterates That Third-Party Structures Are Often A Mixed Bag

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On July 13, 2018, the U.S. Department of Labor (USDOL) issued a Field Assistance Bulletin to its enforcement administrators addressing how to determine if and when a home health caregiver referred to a client by a “home...more

Arnall Golden Gregory LLP

Georgia Enacts New Background Check Legislation for Long-Term Care Providers

Georgia has enacted a new law implementing a comprehensive program of background checks for Georgia long-term care facilities. The “Georgia Long-term Care Background Check Program” consolidates three existing background check...more

Jackson Lewis P.C.

Georgia Targets Elder Abuse With Tough New Long-Term Care Background Check Law

Jackson Lewis P.C. on

A new Georgia law will require nursing home and other long-term care workers to submit to extensive background checks. The “Georgia Long-Term Care Background Check Program” will take effect on October 1, 2019. Georgia joins...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - February 2018 #14

Completing their last convening before Crossover Day on Wednesday, the House and Senate dispensed with long calendars today. Although the House considered 24 measures and the Senate considered 29, the mood under the Gold Dome...more

Arnall Golden Gregory LLP

Georgia General Assembly Considering New Background Check Legislation

The Georgia General Assembly is considering new legislation that would implement a comprehensive program of national fingerprint background checks for Georgia long-term care facilities. If passed, Senate Bill 406, 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

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

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

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