Current through all regulations passed and filed through September 16, 2024
(A)
The chief
administrator of a home health agency or their designee shall request that the
superintendent conduct a criminal records check with respect to each applicant
for a direct care position.
(B)
The chief
administrator of a home health agency or their designee shall conduct a
criminal background check on employees who provide direct care as
follows:
(1)
For
employees hired prior to January 1, 2008, no later than thirty days after the
anniversary of the employee's date of hire and at least every five years
thereafter; or
(2)
For employees hired on or after January 1, 2008, no
later than thirty days after the fifth anniversary of the employee's date of
hire and at least every five years thereafter.
(C)
Residency
requirement.
(1)
If the applicant does not present proof of having been a
resident of this state for the five year period immediately prior to the date
the criminal records check is requested or provide evidence that within that
five year period the superintendent has requested information about the
applicant from the United States federal bureau of investigation in a criminal
records check, the chief administrator of the home health agency shall request
that the superintendent obtain information from the United States federal
bureau of investigation as part of the criminal records check of the
applicant.
(2)
Even if the applicant presents proof of having been a
resident of this state for the five year period or proof of an United States
federal bureau of investigation criminal records check as specified in
paragraph (C)(1) of this rule, the home health agency may request that the
superintendent include information from the United States federal bureau of
investigation in the criminal records check.
(D)
Notification to
the applicant. The chief administrator of the home health agency or their
designee shall notify each applicant and employee of the following:
(1)
That the
individual is required to provide a set of fingerprint impressions and that a
criminal records check is required to be conducted if the individual comes
under final consideration for employment, or, in the case of an employee, that
a criminal records check will be conducted as a condition of continued
employment;
(2)
If applicable, the fee required under paragraph (E)(2)
of this rule; and
(3)
Any fees authorized under division (C)(2) of section
109.572 of the Revised Code that
are associated with obtaining fingerprint impressions.
(E)
Investigation fee.
(1)
A home health
agency shall pay to the bureau of criminal identification and investigation the
fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for
each criminal records check conducted pursuant to this rule.
(2)
A home health
agency may charge an applicant a fee not exceeding the amount the home health
agency pays under paragraph (D)(1) of this rule. A home health agency may
collect a fee only if both of the following apply:
(a)
The home health
agency notifies the person at the time of the initial application for
employment of the amount of the fee and that, unless the fee is paid by the
person, the person will not be considered for employment;
(b)
The medicaid
program established under Chapter 5162. of the Revised Code does not reimburse
the home health agency for the fee it pays under paragraph (D)(1) of this
rule.
(F)
Criminal records check forms. The chief administrator
of a home health agency required by this rule to request a criminal records
check shall do all of the following:
(1)
Provide each
applicant and employee a copy of the form or forms prescribed by division
(C)(1) of section 109.572 of the Revised Code and
a standard fingerprint impression sheet, or instructions for acquiring a
standard fingerprint impression sheet prescribed pursuant to division (C)(2) of
that section.
(a)
An applicant who meets the residency requirement shall
be provided a copy of the bureau of criminal identification and investigation
"civilian identification" form for fingerprint impressions; in addition, if the
home health agency chooses to do so, the applicant may also be provided an
United States federal bureau of investigation "applicant" fingerprint
impression form;
(b)
An applicant who does not meet the residency
requirement, specified in paragraph (C) of this rule, shall be provided both
the bureau of criminal identification and investigation and United States
federal bureau of investigation fingerprint impression forms.
(2)
Obtain
the completed form or forms and standard fingerprint impression sheet or sheets
from the applicant;
(3)
Forward the completed form or forms and standard
fingerprint impression sheet or sheets to the superintendent.
(G)
An
applicant or employee provided the forms and standard fingerprint impression
sheets under paragraph (F)(1) of this rule, who fails to complete the forms or
to provide fingerprint impressions, shall not be employed in any position for
which a criminal records check is required by this rule.
(H)
If an applicant
or employee has been the subject of a criminal records check pursuant to
division (D) of section
109.572 of the Revised Code
within the previous twelve months, the chief administrator of the home health
agency may request and accept a reverification of that criminal records check.
A reverification of a criminal records check does not relieve the home health
agency of the requirements under paragraph (C) of this rule if the applicant or
employee has not been a resident of this state for the five year period
immediately prior to the date the criminal records check.
(I)
Exception to
criminal records check requirement. The home health agency is not required to
request that the superintendent conduct a criminal records check of an
applicant if the applicant has been referred to the home health agency by an
employment service that supplies full-time, part-time, or temporary staff for
positions involving the direct care to an individual if all of the following
apply:
(1)
The
chief administrator receives from the employment service confirmation that a
review of the databases required by rule
3701-60-03 of the Administrative
Code was conducted with regard to the applicant or employee;
(2)
The chief
administrator receives from the employment service confirmation that a report
of the results of a criminal records check regarding the applicant or employee
has been conducted by the superintendent within the one-year period immediately
preceding the following:
(a)
In the case of an applicant, the date of the
applicant's referral by the employment service to the home health
agency;
(b)
In the case of an employee, the date by which the home
health agency would otherwise have to request a criminal records check of the
employee pursuant to this rule; and
(3)
The report of
both the database review and the criminal records check demonstrates that the
applicant or employee has not been convicted of or pleaded guilty to an offense
listed or described in paragraph (A) of rule
3701-60-06 of the Administrative
Code.
Replaces: 3701-60-06
