{"ref":"CA-HSP-HR-04","title":"Background Checks, Exclusion Screening and Fair Chance Hiring","category":"Human resources","summary":"Sets out the checks the Agency runs on everyone who works for it: clearance from the federal exclusion list before employment and monthly, criminal background checks for anyone with patient contact or access to records, the CDPH aide registry, and the steps California's Fair Chance Act requires before the Agency may deny a job because of a conviction.","inShort":["Everyone is checked against the federal exclusion list before starting work, and every month after that.","Anyone who sees patients or patient records has a criminal background check before starting.","The Agency never asks about criminal convictions before making a conditional job offer.","If a conviction might affect a job offer, the applicant gets a written notice and at least five business days to respond.","Tell the Administrator within five days of any new conviction, pending charge, exclusion or license action."],"primaryCitation":"22 CCR §74884(b)(13)","citations":["22 CCR §74884(b)(13)","22 CCR §74884(e)","22 CCR §74812(c)(26)","Cal. Health & Safety Code §1755(a)(4)-(6)","Cal. Health & Safety Code §1736.4(c)","Cal. Health & Safety Code §1736.6","Cal. Gov. Code §12952","Cal. Lab. Code §432.7","Cal. Civ. Code §1786.16"],"federalCitations":["42 CFR §418.114(d)","42 CFR §418.3","42 U.S.C. §1320a-7","15 U.S.C. §1681b(b)"],"surveyorAsks":["Show me proof of clearance from the OIG exclusion list dated before this employee's first day.","How often do you re-check staff and contractors against the exclusion lists?"],"forms":[{"ref":"CA-HSP-HR-04-A","title":"Exclusion and Background Screening Log"},{"ref":"CA-HSP-HR-04-B","title":"Fair Chance Individualized Assessment and Notice Record"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (22 CCR §74884(b)(13); 42 CFR §418.114(d))","5. Exclusion Screening","6. Criminal Background Checks","7. Fair Chance Hiring (Government Code §12952)","8. Management Personnel and Owners","9. Duties to Report After Hire","10. Confidentiality","11. Responsibilities","12. Records and Compliance Monitoring","13. Staff Training","14. References","15. Related Policies and Forms","16. Approval","17. Revision History"],"version":"1.0","sample":false,"pack":"ca-hospice","state":"California","service":"Hospice","guides":[{"path":"/guides/hospice-policies/","h1":"What policies are required for hospice?"},{"path":"/guides/hospice-conditions-of-participation/","h1":"Hospice Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}