{"ref":"MI-HSP-HR-03","title":"Criminal History Checks (Michigan Workforce Background Check) and Exclusion Screening","category":"Human resources","summary":"Sets out how the Agency obtains fingerprint-based criminal history checks and registry checks through the Michigan Workforce Background Check before anyone with regular direct access to patients starts work, the narrow conditions for conditional employment while results are pending, who may not be employed and for how long, the written agreement to report arraignments and convictions, how criminal history information is protected, appeals, and monthly exclusion screening.","inShort":["No one visits patients until the fingerprint background check clears, except under strict conditional rules.","A new hire waiting for results works only with on-site supervision, unless the Administrator has documented every condition the law sets.","You must tell the Agency immediately if you are arraigned for or convicted of a disqualifying crime. Reporting an arraignment alone is not a reason to fire you.","You never pay for your background check.","Background check results are confidential and kept in a separate locked file."],"primaryCitation":"MCL 333.20173a","citations":["MCL 333.20173a","MCL 333.20173b","MCL 769.16b"],"federalCitations":["42 CFR §418.114(d)","42 U.S.C. §1320a-7","42 CFR §1001.1901","42 CFR §455.436","42 CFR §424.516(a)(3)"],"surveyorAsks":["Show me the background check result for this aide and the date it came back compared with her first visit.","This nurse started before the fingerprint results came back. Show me the signed statement and how she was supervised."],"forms":[{"ref":"MI-HSP-HR-03-A","title":"Conditional Employment Statement"},{"ref":"MI-HSP-HR-03-B","title":"Agreement to Report Arraignment, Conviction or Substantiated Finding"},{"ref":"MI-HSP-HR-03-C","title":"Exclusion and Background Check Screening Log"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (MCL 333.20173a)","5. Who Is Checked","6. Checks Before Work Starts","7. Conditional Employment While Results Are Pending","8. Who May Not Be Employed","9. After Hire","10. Protecting Criminal History Information","11. Appeals","12. Penalties","13. Responsibilities","14. Records and Compliance Monitoring","15. Staff Training","16. References","17. Related Policies and Forms","18. Approval","19. Revision History"],"version":"1.0","sample":false,"pack":"mi-hospice","state":"Michigan","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}}