Current through all regulations passed and filed through September 16, 2024
(A)
Criminal record
check disclosure. The report of the criminal records check conducted pursuant
to a request made under this chapter is not a public record for the purposes of
section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1)
The applicant or
employee who is the subject of the criminal records check or the applicant or
employee's representative;
(2)
The chief
administrator of the home health agency requesting the criminal records check
or the administrator's representative;
(3)
The administrator
of any other facility, agency, or program that provides direct care to
individuals that is owned or operated by the same entity that owns or operates
the home health agency that requested the criminal records
check;
(4)
The employment service that requested the
check;
(5)
The director of health or the director's
designee;
(6)
The director of aging or the director's designee if
either of the following apply:
(a)
In the case of a criminal records check requested by a
home health agency, the home health agency also is a community-based long-term
care agency; or
(b)
In the case of a criminal records check requested by an
employment service, the employment service makes the request for an applicant
or employee the employment service refers to a home health agency that also is
a community-based long-term care agency;
(7)
The director of
job and family services and the staff of the department of job and family
services who are involved in the administration of the medicaid program if
either of the following apply:
(a)
In the case of a criminal records check requested by a
home health agency, the home health agency also is a waiver
agency;
(b)
In the case of a criminal records check requested by an
employment service, the employment service makes the request for an applicant
or employee the employment service refers to a home health agency that also is
a waiver agency;
(8)
Any court,
hearing officer or other necessary individual involved in a case dealing any of
the following:
(a)
A denial of employment of the applicant or dealing with
employment employee;
(b)
Employment or unemployment benefits of the applicant or
employee;
(c)
A civil or criminal action regarding the medicaid
program.
(B)
Personnel record.
The home health agency shall maintain, in a confidential manner either sealed
within, or separate from, but a part of the personnel record:
(1)
The criminal
records report; and
(2)
Any disqualifying information discovered during the
state and national database check required by rule
3701-60-05 of the Administrative
Code.
(C)
Documentation of compliance. The home health agency
shall maintain a roster of applicants and employees, accessible by the
director, which includes, but is not limited to:
(1)
The name of each
applicant or employee;
(2)
The date the criminal records check request is
submitted to the bureau of criminal identification and
investigation;
(3)
The date the criminal records check request is received
from the bureau of criminal identification and investigation;
(4)
A determination
of whether the results of the check revealed that the applicant or employee
committed a disqualifying offense(s); and
(5)
The date the
employee starts work.
(D)
Attestation. The
home health agency shall, upon request, provide to the director written
confirmation of compliance with the provisions of this chapter in a format that
is specified by the director and is consistent with state law.
