{"ref":"MI-HH-HR-03","title":"Criminal History Checks Under the Michigan Workforce Background Check Program","category":"Human resources","summary":"Sets out how the Agency, as a Medicare-certified home health agency and therefore a \"covered facility\" under Michigan’s Workforce Background Check law (MCL 333.20173a), completes a fingerprint-based state and FBI criminal history check and a registry check before employing, independently contracting with, or granting clinical privileges to anyone who will regularly have direct access to patients; when conditional employment is allowed; which convictions and findings bar a person; and the duty of staff to report arraignments and convictions.","inShort":["Michigan law requires a fingerprint background check before you have regular contact with patients. The Agency pays for it.","If you start before the result comes back, you sign a statement and work under supervision. You make no visits alone until you are cleared.","Some convictions and findings of abuse, neglect or theft bar you from patient care.","Tell the Administrator the same day if you are arraigned or convicted of a listed crime, or if there is a finding against you.","Background check results are confidential."],"primaryCitation":"MCL 333.20173a","citations":["MCL 333.20173a","MCL 333.20173b","MCL 333.20173a(5)","MCL 333.20173a(11)","Michigan Medicaid Provider Manual, General Information for Providers, Section 2.3.C"],"federalCitations":["42 U.S.C. §1320a-7","42 CFR §484.105(e)(2)"],"surveyorAsks":["Show me the Michigan Workforce Background Check result for this employee and the date it was completed compared with the date they started.","Has anyone worked under conditional employment? Show me the signed statement and how they were supervised or met the conditions."],"forms":[{"ref":"MI-HH-HR-03-A","title":"Background Check Tracking Record"},{"ref":"MI-HH-HR-03-B","title":"Employee Agreement to Report Arraignments, Convictions, and Findings"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (MCL 333.20173a)","5. Who Must Be Checked","6. Obtaining the Check","7. Conditional Employment","8. Disqualifying Convictions and Findings","9. Reviewing Results","10. Duty to Report New Charges and Convictions","11. Confidentiality and Penalties","12. Responsibilities","13. Records and Compliance Monitoring","14. Staff Training","15. References","16. Related Policies and Forms","17. Approval","18. Revision History"],"version":"1.0","sample":false,"pack":"mi-hha","state":"Michigan","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}