Ohio Administrative Code
Title 173 - Department of Aging
Chapter 173-9 - Database Reviews and Criminal Records Checks
Section 173-9-08 - Background checks for paid direct-care positions: confidentiality and retention of records
Universal Citation: OH Admin Code 173-9-08
Current through all regulations passed and filed through March 18, 2024
(A) Confidentiality: Criminal records are not public records. The responsible party may make criminal records available only to the people or entities listed under division (I) of section 173.38 of the Revised Code or division (G) of section 173.381 of the Revised Code.
(B) Records retention:
(1)
Personnel
files:
(a)
What
to retain: To verify compliance with this chapter, the responsible party shall
retain the following records:
(i)
The result of each of the database
reviews.
(ii)
Any criminal records including reverified
records.
(iii)
The attestation to the character and fitness of the
employee, if the responsible party completed an attestation before April 1,
2013 to comply with paragraph (B)(3) of rule
173-9-07 of the Administrative
Code, or the attestation to the character and fitness of the self-employed
provider, if the self-employed provider completed an attestation before April
1, 2013 to comply with paragraph (B)(3) of rule
173-9-07.1 of the Administrative
Code as that rule existed before its rescission.
(iv)
A certificate of
qualification for employment, if a court issued a certificate of qualification
for employment to the employee.
(v)
A certificate of
achievement and employability, if the department of rehabilitation and
corrections issued a certificate of achievement and employability to the
employee.
(vi)
A pardon, if a governor pardoned the
employee.
(vii)
The date the responsible party hired the employee.
Regarding a selfemployed person, the responsible party shall retain the date
that it certified the self-employed person or entered into an agreement with
the self-employed person.
(b)
Sealed files: The
responsible party shall retain the records listed under paragraph (B)(1)(a) of
this rule by sealing the records within the each applicant's or each employee's
personnel files or by retaining the records in separate files from the
personnel files. Regarding a self-employed person, the responsible party may
simply retain the records.
(c)
Retention period:
2 C.F.R.
200.334,
42 C.F.R. 441.352 and
460.200,
45 C.F.R.
75.361, and rules
173-3-06 and
173-39-02 of the Administrative
Code (as applicable) establish timelines and other requirements for the
responsible party to retain the records required under paragraph (B)(1)(a) of
this rule.
(2)
Roster for criminal records requested from the
FBI:
(a)
A
responsible party shall maintain a roster of applicants and employees for whom
section 173.38 of the Revised Code
requires obtaining criminal records from the FBI through BCII, accessible by
ODA's director (or the director's designees), that includes, but is not limited
to:
(i)
The name
of each applicant and employee.
(ii)
The date the
responsible party hired the employee.
(iii)
The date the
responsible party requested criminal records from the FBI through
BCII.
(iv)
The date the responsible party received criminal
records from the FBI through BCII.
(v)
A determination
of whether the criminal records revealed that the applicant or employee
committed a disqualifying offense(s).
(b)
Regarding the
self-employed, if section
173.381 of the Revised Code
requires obtaining criminal records from the FBI through BCII, then the
responsible party shall retain the following information, accessible by ODA's
director (or the director's designees), that includes, but is not limited
to:
(i)
The date
ODA certified the self-employed provider or the date the AAA entered into an
AAA-provider agreement with the selfemployed provider.
(ii)
The date the
responsible party requested criminal records from the FBI through
BCII.
(iii)
The date the responsible party received criminal
records from the FBI through BCII.
(iv)
A determination
of whether the criminal records revealed the selfemployed provider committed a
disqualifying offense(s).
Replaces: 173-9-08
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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