Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0037 - Medicaid
Chapter 34 - HOME AND COMMUNITY BASED SERVICES COMMUNITY CHOICES WAIVER PROGRAM
Section 34-10 - Background Screening Requirements

Universal Citation: WY Code of Rules 34-10

Current through September 21, 2024

(a) All CCW providers, associated staff members, and adult volunteers shall be required to complete a background screening in accordance with this Section. This requirement applies to any person who may have unsupervised access to waiver participants during the provision of services, including managers, supervisors, direct-care staff, and workers hired through participant-direction.

(b) Individuals who fail a background screening shall not have access to waiver participants, supervise staff, or provide or bill for waiver services on behalf of a CCW provider.

(c) Volunteers under the age of eighteen (18) shall be under the direct supervision of a provider or staff member who has passed a background screening. An individual convicted of a sexual offense shall not be a volunteer.

(d) To satisfy the requirements of this Section, a background screening must include the following:

(i) A Wyoming Department of Family Services Central Registry Screening;

(ii) A United States Department of Health and Human Services, Office of Inspector General's Exclusions Database search result;

(iii) A national, name and social security based criminal history database screening; and

(iv) A United States Department of Justice, National Sex Offender Public Website search.

(e) Workers employed under the participant-directed service delivery option shall complete the background screening through the contracted Financial Management Services.

(f) An individual or entity shall fail a background screening under this Section if the results confirm they:

(i) Are listed on the Wyoming Department of Family Services Central Registry;

(ii) Are listed as excluded from federally funded healthcare programs; or

(iii) Have been convicted of any barrier crime listed in Wyo. Stat. Title 6, Chapter 2 (Offenses Against a Person) and Chapter 4 (Offenses Against Morals, Decency and Family).

(g) At the discretion of the provider or employer of record, an individual worker may provide unsupervised services on a provisional basis while the results from a submitted background screening are pending if no disqualifying crimes, offenses, or other exclusions are disclosed in the worker's employment application.

(h) Background screenings are not transferrable from one provider entity or employer to another.

(i) All CCW providers, associated staff members, and adult volunteers, as described in subsection 10(a) shall be required to complete a full subsequent background screening in accordance with this Section every five (5) years. Those who fail to pass the subsequent background screening shall not supervise, provide, or bill for waiver services, or have unsupervised access to participants on behalf of a provider.

(j) Background screening results shall not be altered in any manner. If altered, the screening results shall be considered null and void.

(k) The Department may request a background screening at its own expense as part of an investigation.

(l) A provider shall maintain employee files including documentation of successful criminal history and background screening results, which must be provided to the Department upon request.

Disclaimer: These regulations may not be the most recent version. Wyoming 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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