Chapter 514 - Nursing Facility Services - DHHR - State of West ...

514.4.1 Employment RestrictionsCriminal Investigation Background Check (CIB) results which may place a member at risk ofpersonal health and safety or have evidence of a history of Medicaid fraud or abuse must beconsidered by the nursing facility before placing an individual in a position to provide services tothe member. At a minimum, a fingerprint-based State level criminal investigation backgroundcheck must be conducted initially by the employer prior to hire and every three years thereafterthroughout the remainder of the employment. If the prospective employee has lived out of statewithin the last five years, the agency must also conduct a federal background check utilizingfingerprints through the national crime information database (NCID). It is the responsibility ofthe employer to assure that the exclusion lists are checked monthly. The facility may employan individual for a maximum of 60 days if a preliminary check is completed. The facility maychoose to contract with a company that completes internet background checks use these resultsuntil the fingerprint results are received.An individual cannot be considered to provide services nor can be employed by the nursingfacility if ever convicted of: Abduction Any violent felony crime including but not limited to rape, sexual assault, homicide ,felonious physical assault or felonious battery Child/adult abuse or neglect Crimes which involve the exploitation of a child or an incapacitated adult Felony domestic battery or domestic assault Felony arson Felony or misdemeanor crime against a child or incapacitated adult which causes harm Felony drug related offenses within the last 10 years from release of incarceration, ifapplicable or date of conviction if not incarcerated Felony DUI within the last 10 years from release of incarceration, if applicable or date ofconviction if not incarcerated Hate crimes Kidnapping Murder/ or manslaughter Neglect or abuse by a caregiver Pornography crimes involving children or incapacitated adults including, but not limitedto, use of minors or incapacitated adults in filming sexual explicit conduct, distributionand exhibition of material depicting minors or incapacitated adults in sexually explicitconduct or sending, distributing, exhibiting, possessing, displaying or transportingmaterial by a parent, guardian or custodian, depicting a minor or incapacitated adultengaged in sexually explicit conduct. Purchase or sale of a child Sexual offenses including but not limited to incest, sexual abuse, or indecent exposure.Providers must check the list of excluded individuals/entities (LEIE) at: http://exclusions.oig.hhs.gov/; https://www.epls.gov National Practitioner Data Bank at: http://www.npdb-hipdb.hrsa.gov/Department of Health and Human Resources Chapter 514: Nursing Facility Services Page 19January 1, 2013DISCLAIMER: This manual does not address all the complexities of Medicaid policies and procedures,and must be supplemented with all State and Federal Laws and Regulations.