Tag: background checks for healthcare

Compliance Challenges in Performing Background Checks for Healthcare Employers Federal and state regulations often encourage or require background checks, especially in the healthcare industry. Over time, however, these background checks have gained their fair share of complexities. One such complexity involves the "Ban the Box" laws and related legislation. These laws are growing in popularity in many states, localities, and federal privacy laws. Unfortunately, they are also turning background checks into a minefield for litigation when not performed correctly. Though the requirements for background checks in the healthcare industry depend on the specific employer, there are general guidelines for complying with industry best practices. Overview of Background Checks for Healthcare Providers To qualify for the Medicare and Medicaid programs, employers must meet certain screening requirements. These requirements ensure that healthcare providers neither committed violations nor were prohibited from participating in the federal programs. In addition, most states require healthcare employers to perform nationwide criminal background checks on prospective hires for positions with access to patients. Even in the few states without such strict requirements, employees seeking accreditation must undergo background checks. This is because organizations such as the Joint Commission on Accreditation of Health Organizations (JCAHO) require it even when the states do not. Moreover, in the fast-paced world of healthcare, where employees often travel between facilities and states, performing comprehensive county, multi-state, and national criminal records is crucial. These organizations will also need a more specialized check of the Office of Inspector General's (OIG) List of Excluded Individuals/Entities and the General Services Administration's System for Award Management to ensure no provider is excluded from participating in the federal healthcare programs. Again, Healthcare organizations must collaborate with a third-party consumer reporting agency to perform these checks. Maintaining Compliance To perform a comprehensive pre-employment screening process for all new employees, healthcare agencies must partner with a background check provider experienced in providing screening services for the unique needs of healthcare organizations. The Fair Credit Reporting Act (FCRA) regulates these screening providers and places many obligations on background check providers and consumer reporting agencies. To comply with the FCRA, potential employers must perform certain steps when acquiring a covered background check. These most notably include: Providing a clear stand-alone disclosure explaining how the background check may influence employment decisions, Obtaining the subject of the report's consent to perform the check, and Certifying the check's provider received the disclosure, and the report will meet conditions for use Should an employer choose to take adverse action based on the contents of the report, they must do so with the following added responsibilities: Provide the individual with a copy of the consumer report in question, Provide a summary of their rights under the FCRA, Contact information for the report's provider, Send a second notice after taking the adverse action, Send a statement explaining the employer made the decision, and Send a notice how the individual may request a copy of their report within the following 60 days from receipt of the message and that they may dispute the accuracy and completeness of the report. What Steps Should Healthcare Employers Take? Local, state, and federal laws have strict and challenging requirements for employers to comply with screening requirements. Therefore, employers must revisit screening policies and procedures regularly. Reviewing these policies and procedures ensures the employer is up-to-date with the latest requirements, reducing the chances of error. In addition, it is equally critical to ensure the company has partnered with an experienced healthcare screening provider that is accurate and remains abreast of the latest legislative developments. Make sure your company policies are compliant with new Federal law by learning more about fair chance hiring practices. Download our free resource on Adverse Action Notice Protocols in Compliance With FCRA to get started. Source

Tag: background checks for healthcare

Compliance Challenges in Performing Background Checks for Healthcare Employers

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