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Criminal History Checks Under the Michigan Workforce Background Check Program

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.

Preview: full text with a package
About this policy
Policy number
MI-HH-HR-03
Version
1.0
Main rule
MCL 333.20173a
Library
Michigan home health · 57 policies
Category
Human resources
Sections
19

In short

  • 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.

What's inside

19 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • 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

An inspector may ask

  • 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.

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