Tag Archives: Nursing homes

New York Elder Care Facility Sex Offender Law would Require Background Checks of Senior Caregivers

Proposed legislation in New York for an “Elder Care Facility Sex Offender Law” would require senior care facilities to conduct criminal background checks for all employees using the state’s sex offender registry to prevent registered sex offenders from gaining employment. More information about the proposed bill from New York State Assemblyman Jim Tedisco (R,C,I-Glenville) and New York State Senator Kathy Marchione (R,C-Halfmoon), which would close a current loophole in the law, is available in a news release at http://www.marchione2012.com/2013/01/04/tedisco-marchione-call-for-elder-care-facility-sex-offender-law/. Continue reading

Many Agencies Place Unqualified Caregivers in Homes of Elderly without Background Checks or Drug Testing

A new national study from the Northwestern University Feinberg School of Medicine has found that many agencies that place caregivers in the homes of vulnerable elderly people do not perform national criminal background checks or drug testing and do not require any experience or provide any real training or supervision, according to a news article available on the Northwestern University Feinberg School of Medicine website at http://www.feinberg.northwestern.edu/news/2012/07/dangerous_caregivers.html. Continue reading

News Investigation Finds Background Checks Needed before Hiring Home Health Caregivers

A recent investigation by WKYC-TV NBC Channel 3 News in Cleveland, Ohio found that consumers should closely check the backgrounds of home health caregivers before allowing them into their homes after reporting stories of theft by in home caregivers, including one case where $25,000 in cash was stolen from a home safe. Overall, the state of Ohio has received 470 complaints against home health agencies and their home health caregiver employees since the beginning of 2010. Continue reading

Employment Screening Resources Releases Background Check Toolkit for Nursing Homes and Home Health Care

In response to a government investigation that revealed more than nine out of ten nursing homes hired criminals, San Francisco, California-area Employment Screening Resources (ESR) – a background screening company accredited by The National Association of Professional Background Screeners (NAPBS) – has released background check toolkit for nursing homes and home health care to help them avoid “bad hires” too unqualified, unfit, or dangerous to work with vulnerable populations such as the elderly and infirmed. Continue reading

Safe Hiring Expert Les Rosen to Discuss Background Checks for Home Health Care Workers

Attorney, author, and safe hiring expert Les Rosen, founder and President of San Francisco, CA-area background screening company Employment Screening Resources (ESR), will discuss background checks for home health care workers at a free community forum at the San Rafael Community Center in San Rafael, California on Thursday, March 10, 2011. Continue reading

Kentucky Bill Would Require Criminal Background Checks for All Private Nursing Home Employees

 By Thomas Ahearn, Employment Screening Resources (ESR) News Editor

Proposed legislation in the state of Kentucky would require criminal background checks for all private long-term care facility employees to help to protect elderly and vulnerable Kentucky nursing home residents from being preyed upon by dangerous criminals.

Senate Bill 44 – introduced by Senator Tom Buford (R-Jessamine) – would prohibit any Kentucky long-term care facility, nursing home, or an assisted living community from employing a person who had been convicted of a felony related to:

  • Theft;
  • Abuse or sale of illegal drugs;
  • Abuse, neglect, or exploitation of an adult; or 
  • A sexual crime.

Current Kentucky law requires criminal background checks for all employees at state-run facilities, but only requires criminal background checks for those employees who provide direct care to residents at privately run nursing homes and assisted-living facilities. S.B. 44 – which is currently under review by the Senate Judiciary Committee – would extend the criminal background checks to all employees at private nursing homes and assisted-living facilities.

As reported previously on ESR News, many states are penalizing nursing homes that employ workers with serious criminal records. Recently, an Indiana an operator of nursing homes was hit with $376,000 in penalties for employing individuals at nursing homes who either had been convicted of criminal offenses or stripped of their licenses.

To assist nursing homes and other long-term care facilities conduct safe hiring programs, Employment Screening Resources (ESR) – a leading provider of background checks accredited by The National Association of Professional Background Screeners (NAPBS) – offers a OIG/GSA Name Search which searches the OIG (Office of the Inspector General) Excluded List and GSA (General Services Administration) Sanctions Report for individuals and businesses excluded or sanctioned from participating in Medicare, Medicaid, and other Federally funded programs.

Employment Screening Resources ESR Home Health Care Check provides background screening services specializing in home health care workers in private homes or elder care facitlites. For more information, visit http://www.esrcheck.com/services/homehealthcare.php.

For more information on background checks, visit Employment Screening Resources at http://www.ESRcheck.com.

Founded in 1996 in the San Francisco area, Employment Screening Resources (ESR) wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen and is accredited by The National Association of Professional Background Screeners (NAPBS®) . To learn more about Employment Screening Resources, visit http://www.ESRcheck.com or contact Jared Callahan, ESR Director of Client Relations, at 415.898.0044 or jcallahan@ESRcheck.com.

Sources:

http://www.lrc.ky.gov/record/11RS/SB44.htm

http://www.prweb.com/releases/prwebkentucky-nursing-home/abuse-neglect-attorney/prweb5009674.htm

Provider Fined $376,000 in Case Showing Need for Extensive Nursing Home Employee Background Checks

By Thomas Ahearn, ESR News Editor

An Indiana provider has been hit with $376,000 in penalties – which Indiana officials call one of the biggest fines of its kind – for employing several individuals at nursing homes who either had been convicted of criminal offenses or stripped of their licenses.

According to a news report, the fines were larger than usual because the provider – an operator of nursing homes – did not self-report the violations concerning seven employees who were ineligible to work where Medicaid payments were involved. The U.S. Office of the Inspector General (OIG) became aware of the problem in 2009.

A deputy in the office of the counsel to the Inspector General quoted in the news report said the provider “knew or should have known” the employees were excluded from taking part in federal healthcare programs. The deputy also stated that:

  • The majority of ineligible employees had lost their licenses or had their licenses revoked.
  • Violations are self-reported by provider companies in most similar cases.
  • Providers should regularly check lists of contractors and workers who are excluded from participation in government reimbursement programs.

This case reveals the growing need for more extensive nursing home employee background checks, or of any caregivers working with vulnerable populations such as children, the elderly, or those people with special needs. Nursing homes are particularly vulnerable to a higher duty of care to patients. Employers at nursing homes can be sued not only for negligent hiring, but also negligent retention if they knew – or should have known – there was a problem, not to mention negligent supervision.   

Employment Screening Resources (ESR) – a leading provider of background checks accredited by The National Association of Professional Background Screeners (NAPBS) –   offers a search vital for most healthcare industries: the OIG/GSA Name Search.

Together, the OIG (Office of the Inspector General) Excluded List and GSA (General Services Administration) Sanctions Report search the U.S. Department of Health and Human Services and OIG databases for individuals and businesses excluded or sanctioned from participating in Medicare, Medicaid, and other Federally funded programs.

ESR also offers expanded health cover searches that cover disciplinary actions taken by federal agencies as well as those taken by licensing and certification agencies in all 50 states. This is the most comprehensive search method available.

Employment Screening Resources ESR Home Health Care Check provides background screening services specializing in home health care workers in private homes or elder care facitlites. For more information, visit http://www.esrcheck.com/services/homehealthcare.php.

For more information, visit Employment Screening Resources at http://www.ESRcheck.com.

Source:
http://www.mcknights.com/provider-to-pay-376000-for-hiring-ineligible-employees/article/193588/

Kentucky Case Uncovers Holes in Background Checks for Nursing Home Employees

by Thomas Ahearn, ESR News Staff Writer

A case against a Kentucky nursing home may reveal holes in laws meant to protect nursing home residents since the state only requires criminal background checks for employees caring directly for nursing home residents but not background checks for nursing home support staff like maintenance workers.

According to a story by the Lexington (KY) Herald-Leader posted on Kentucky.com, a lawsuit filed against a nursing home in the state indicates that the nursing home hired a maintenance worker without a criminal background check after he had been arrested for sexual solicitation of a minor and retained his services even after he was placed on Kentucky’s sex offender registry.

The Herald-Leader reported that a former nurse’s aide at the nursing home said in a lawsuit filed that the maintenance worker in question — who underwent a credit check but not a criminal background check — sexually harassed her and stalked her before he was suspended by the nursing home. The maintenance worker’s status as a registered sex offender also put nursing home residents at risk, according to the lawsuit.

While there are no state law specifically calls for criminal background checks for all nursing home employees, there are state and federal regulations that nursing home facilities shall not employ individuals who have been convicted of abusing, neglecting, or mistreating individuals, according to the Herald-Leader.

In addition, the Herald-Leader reports that the lawsuit alleges that nursing home officials could easily have found out about the maintenance worker’s past before they hired him, since the Kentucky State Police had announced that the man had been arrested for unlawful use of electronic means to induce a minor in January 2008 before the facility hired him in July 2008.

The founder of an advocacy group called Kentuckians for Nursing Home Reform is quoted in the story as saying he thinks all nursing home employees should have criminal background checks.

Employment Screening Resources (ESR), a leading provider of background checks, believes due diligence for an effective Safe Hiring Program (SHP) requires that all employees at a business who may have contact with co-workers and the public, from Management to maintenance, should undergo criminal background checks.

Employment Screening Resources ESR Home Health Care Check provides background screening services specializing in home health care workers in private homes or elder care facitlites. For more information, visit http://www.esrcheck.com/services/homehealthcare.php.

For more information about background checks in general, including background checks for nursing home employees, visit ESR at http://www.esrcheck.com.

Source:

http://www.kentucky.com/2010/07/16/1352563/not-all-nursing-home-workers-get.html