Joint Provider/Surveyor Training September 13, 2011

update Joint Provider/Surveyor Training September 13, 2011

Why change? Legislative changes were needed

Multiple Fingerprinting Fingerprinting frequency vs. time – www.miltcpartnership.org 8/17/09

Extend the validity of background checks Share results Use the web-based system to reduce the cost of compliance Restrict conditional employment Clarify key terms Target Areas for Legislation

Public Acts 291, 292 and 293 of 2010- Effective 12/16/10 Authorized sharing of results across all facility types Exempt employees are really exempt Authorized staffing agencies and contractors to request background checks Definitions of key terms

Solution 1 - Share Results between Facilities Conditions for sharing results Valid fingerprints submitted within the past 12 months and eligible for employment Continuously resided in Michigan during the past 12 months

How it works… May transfer to any facility using a shared result New fingerprints required upon transfer Must submit fingerprints once. May transfer to any facility. Conviction = Loss of exempt status.

Online process Enter applicant’s demographic data Check registries System process will determine whether a new background check is needed If no, immediate result or wait for a pending application If yes, proceed as usual

Solution 2 - Give access to contractors Background check result is shared Clients conduct an independent check of registries Rap back is active for each facility

Agency Registration Request access at www.miltcpartnership.org Client facility verifies status $100 account set-up fee Login information sent immediately upon approval

How it works… Contracted staff are checked by the employing agency Each facility accesses the background check result by entering the individual’s unique ID RAPback information is sent to the employer and all facilities where the individual is working

Online process –Contracted Staff Agency provides a unique ID for their employee. Facility enters the ID under “Contracted Staff” on the “New Application” screen Facility conducts registry checks Immediate result - Eligible or Ineligible letter RAPback activated

Savings Approximately 2000 applications per month are eligible for shared results $1.4 million per year in background checking fees In most cases, the result is available immediately

Facility responsibility A facility is responsible for requesting a background check only for those individuals who are “under the facility’s control”.

Conditional employment On-site supervision If unsupervised Disclose criminal and other relevant information Submit fingerprints within 10 business days No direct access until criminal history result is received; unless ICHAT Statement of residency

Conviction – definitions added State law Federal law (42 USC 1320a-7) Deferred/delayed sentencing

Questions?

Contacts Toni Dennis Workforce Background Check 517-373-3775 Dennist@michigan.gov Susan Jones -Manager LTC Section 517-373-1992 JonesS35@michigan.gov Help desk 1-877-718-5547 Support services www.miltcpartnership.org

Definitions of Key Terms Public Acts 291, 292 and 293 of 2010

Definition - Under the facility’s control "Under the facility's control" means an individual employed by or under independent contract with a covered facility for whom the covered facility does both of the following: (i) Determines whether the individual who has access to patients or residents may provide care, treatment, or other similar support service functions to patients or residents served by the covered facility. (ii) Directs or oversees 1 or more of the following: (A) The policy or procedures the individual must follow in performing his or her duties. (B) The tasks performed by the individual. (C) The individual's work schedule. (D) The supervision or evaluation of the individual's work or job performance, including imposing discipline or granting performance awards. (E) The compensation the individual receives for performing his or her duties. (F) The conditions under which the individual performs his or her duties.

Definitions – Staffing Agency/Contractor "Independent contract" means a contract entered into by a covered facility with an individual who provides the contracted services independently or a contract entered into by a covered facility with a staffing agency that complies with the requirements of this section to provide the contracted services to the covered facility on behalf of the staffing agency.

"Staffing agency" means an entity that recruits candidates and provides temporary and permanent qualified staffing for covered facilities, including independent contractors. Definitions – Staffing Agency/Contractor

Definitions – Convicted "Convicted" means either of the following: (i) For a crime that is not a relevant crime, a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication or disposition by the juvenile division of probate court or family division of circuit court for a violation that if committed by an adult would be a crime. (ii) For a relevant crime described under 42 USC 1320a-7(a), convicted means that term as defined in 42 USC 1320a-7.

Definition – Convicted under 42USC 1320a-7 "Convicted" defined For purposes of subsections (a) and (b) of this section, an individual or entity is considered to have been "convicted" of a criminal offense - (1) when a judgment of conviction has been entered against the individual or entity by a Federal, State, or local court, regardless of whether there is an appeal pending or whether the judgment of conviction or other record relating to criminal conduct has been expunged; (2) when there has been a finding of guilt against the individual or entity by a Federal, State, or local court; (3) when a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court; or (4) when the individual or entity has entered into participation in a first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld.

Joint Provider/Surveyor Training September 13, 2011