{"ref":"PA-HSP-HR-03","title":"Criminal History Background Checks and Exclusion Screening","category":"Human resources","summary":"Explains the Pennsylvania criminal history checks the Older Adults Protective Services Act requires before and during employment (State Police report, and FBI fingerprint check through the Department of Aging for applicants who have not lived in Pennsylvania for two years), the strict rules for provisional hiring while results are pending, how the Agency decides whether a person with a conviction may work, and federal exclusion screening.","inShort":["Before you start, you need a Pennsylvania State Police criminal history record dated within one year before your application.","If you have not lived in Pennsylvania for the last 2 years, you also need FBI fingerprints and a Department of Aging letter.","If you start before your report arrives, you work only under the provisional-hire rules, with random supervision.","Tell the Administrator within 3 business days of any new arrest or conviction.","The Agency checks every month that no one is excluded from Medicare or Medical Assistance."],"primaryCitation":"35 P.S. §10225.502","citations":["35 P.S. §10225.103","35 P.S. §10225.502","35 P.S. §10225.503","35 P.S. §10225.505","35 P.S. §10225.506","35 P.S. §10225.508","6 Pa. Code §15.2","6 Pa. Code §§15.141-15.147","55 Pa. Code §1130.52(a)(5)","23 Pa.C.S. §6344"],"federalCitations":["42 CFR §418.114(d)","42 CFR §418.3","42 U.S.C. §1320a-7","42 CFR §1001.1901","42 CFR §424.516(a)(3)"],"surveyorAsks":["Show me the criminal history report for this employee. Was it obtained within one year before the application?","This employee moved here 18 months ago. Where is the FBI check and the Department of Aging determination letter?"],"forms":[{"ref":"PA-HSP-HR-03-A","title":"Applicant Notice of Criminal History Requirements and Sworn Statement for Provisional Hire"},{"ref":"PA-HSP-HR-03-B","title":"Background Check and Exclusion Screening Log"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (35 P.S. §10225.502)","5. Before Work Starts","5.1 Procedure","5.2 Provisional hiring while reports are pending","5.3 Current employees","6. Deciding Whether a Person May Work","7. Exclusion Screening","8. Contracted Staff, Staffing Agencies and Volunteers","9. Children and Child Abuse Clearances","10. Confidentiality and Penalties","11. Responsibilities","12. Records and Compliance Monitoring","13. References","14. Related Policies and Forms","15. Approval","16. Revision History"],"version":"1.0","sample":false,"pack":"pa-hospice","state":"Pennsylvania","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}}