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[PDF] HCBS Provider Background Check Policy Policy Number - Kansas

30 jui 2015 · Kansas Nurse Aide Registry (KNAR), if applicable*; and • Kansas Dept of Revenue (KDOR) Drivers License Record Search*, if applicable

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Community Services & Programs

Commission New England Building

503 South Kansas Avenue

Topeka, KS 66603-3404

Phone: (785) 296-4986

Fax: (785) 296-0256

wwwmail@kdads.ks.gov www.kdads.ks.gov

Page 1 of 4

KDADS STANDARD POLICY

Policy Name: HCBS Provider Background Check Policy Policy Number: Division: Community Services and Programs (CSP) Date Established: 05/18/15

Applicability: Home and Community Based Programs Date Last Revised: 06/30/15

Contact: Hcbs-ks@kdads.ks.gov Date Effective:

Policy Location: External Date Posted:

Status/Date: Draft for Public Input Number of Pages: 4

Summary

This policy is designed to establish background check requirements for providers of home and community

based services (HCBS), including procedure and process for conducting, processing and demonstrating

compliance with background check requirements. Prior to any delivery of HCBS services to a program

participant, providers must complete background checks as detailed in this policy and maintain documentation

that all required checks were cleared for every employee, direct service worker, contractor and sub-contractor

prior to initiating service delivery. Website links contained within this policy are provided as a courtesy and

KDADS does not warrant continued accuracy of any such link.

ENTITIES and INDIVIDUALS AFFECTED BY THIS POLICY

Providers, personal care service providers, employees, contractors and sub-contractors.

Policy

All providers shall complete required background

checks and maintain documentation of successful

background check clearance by every employee, direct service worker, contractor and sub-contractor in

order to provide services to participants in the following HCBS Programs:

Autism (AU)

Frail Elderly (FE)

Intellectual/Developmental Disability (IDD)

Physical Disability (PD)

Serious Emotional Disturbance (SED)

Technology Assisted (TA)

Traumatic Brain Injury (TBI)

Money Follows the Person (MFP)

Page 2 of 4

The contractor, sub-contractor, provider agency or agency on behalf of a participant-directed consumer must

complete a background check on applicants for employment, employees and personal care service providers

prior to offering an employment agreement to a personal care service provider or employee. For this policy a background check shall include checks of the following records: Kansas Bureau of Investigation (KBI) criminal history record information (CHRI); Kansas Dept. of Children and Families (DCF) Adult Abuse, Neglect and Exploitation Central Registry; DCF Child Abuse and Neglect Central Registry; Kansas State Board of Nursing (KSBN) licensure and discipline status*, if applicable; Kansas Nurse Aide Registry (KNAR), if applicable*; and Kansas Dept. of Revenue (KDOR) Drivers License Record Search*, if applicable. *A KSBN licensure and discipline status screening is only applicable if the HCBS waiver service(s)

requires a KSBN licensed professional such as a licensed practical, registered nurse, advance practice

registered nurse or licensed mental health technician to perform the service(s).

*A KNAR check is only applicable if the individual is a certified nurse aide or certified medication aide.

*A KDOR Drivers License Records search may be waived if the written agency policies; and/or the written

consumer/provider agreements specifically prohibit the employee, direct service worker or provider from

providing transportation service as a job function/task. Unless otherwise specified in this policy, providers are not permitted to provide services to a HCBS

participant until verification of completion and clearance of all required background checks is available for

review by the participant.

An individual employee, personal care service provider or provider shall be considered to have cleared a

background check when all of the applicable record checks listed above are completed and no record of

conviction of a prohibited offense listed in K.S.A. 39-970 and amendments thereto or listing on the DCF

Adult Abuse, Neglect and Exploitation Central Registry or DCF Child Abuse and Neglect Central Registry

is found. If applicable, KSBN, KNAR and KDOR licensure and certification must be in good standing for

attainment and maintained of background clearance.

Contractors, sub-contractors and provider agencies must provide evidence that required background checks

have been completed and clearance obtained for all individual employees, personal care service providers

and providers at the time of licensure renewal. Compliance with background check requirements will be

reviewed by KDADS any time deemed necessary by KDADS, to determine continuous compliance with

HCBS waiver requirements and this policy.

All licenses, certifications, training completion and standards that are required for the specific field through

which an HCBS service is provided must be maintained in good standing including, but not limited to: Professional Licensure/Certification (if required);

Completion and compliance with all

relevant to HCBS programs. Conditional Term of Employment (CTE): Employers must inform proposed conditional employees,

personal care service providers, contractors/subcontractors, providers of all applicable conditions in writing

prior to offering CTE. Conditional employment or engagement as an employee, personal care service

provider or contractor/subcontractor providing HCBS services may not be offered unless all the criteria

listed below are met.

Page 3 of 4

Kansas Bureau of Investigation (KBI) criminal history record information (CHRI) was completed with no record of prohibited offenses listed in K.S.A. 39-970 as a bar to employment noted. Evidence of (DCF) Adult Abuse, Neglect and Exploitation Central Registry and Child Abuse and Neglect Central Registry check has been submitted and KSBN, KNAR, KDOR check has been completed, if applicable, prior to offering the CTE.

CTE is limited to 60 days from the date of the CHRI submission. CTE providers of HCBS service(s) must

be terminated from employment as a provider of HCBS services immediately upon notification of a

clearance failure or on the 61st day of CTE, whichever is soonest. Employers must notify the CTE provider

at a minimum 5 business days prior to the effective date of termination.

Background Check Procedures

CHRI, KNAR and KDOR Background Checks

HCBS providers may submit CHRI and KNAR (if applicable) background check requests through KDADS

Health Occupation Credentialing Division (HOC). The process for requesting the checks can be accessed at

the following link: http://www.kdads.ks.gov/commissions/scc/health-occupations-credentialing

KDOR Drivers license record search

Information concerning KDOR Drivers License Records searches and associated forms and costs may be accessed at the following link: https://www.accesskansas.org/ssrv-mvr-ltd/

DCF Registries

K.S.A. 65-6205 authorizes community service providers, a mental health centers, and independent living

agencies to request for the background information on applicants for employment with such entity

information : (1) From the Kansas department for children and families as to whether such applicant has committed an act of physical, mental or emotional abuse or neglect or sexual abuse as validated by the Kansas department for children and families pursuant to K.S.A. 2014 Supp. 38-2226, and amendments thereto; (2) from the Kansas department for children and families as to whether such applicant has been found

to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of

reports under K.S.A. 39-1404, and amendments thereto, or an act of abuse, neglect or exploitation of an

adult as contained in the register of reports under K.S.A. 39-1434, and amendments thereto; DCF Adult Abuse, Neglect and Exploitation Central Registry

DCF maintains a statewide registry identifying, after due process, persons substantiated for the abuse,

neglect, exploitation or fiduciary abuse of vulnerable adults. K.S.A. 65-6205 authorizes community service providers, mental health centers and independent living

centers to perform employment background checks to determine whether a potential employee is listed on

the registry. Requests for adult registry checks must be submitted identifying the potential employee using

the DCF required form currently found at the following link: Request for Information form:

Providers not listed in K.S.A. 65-6205 may have the potential employee sign a release of information form:

allowing a registry check of their name.

Page 4 of 4

DCF Child Abuse and Neglect Central Registry

To request a person's name be searched on the DCF Child Abuse and Neglect Central Registry, their written

permission is required using the Registry Release Form: http://www.dcf.ks.gov/services/PPS/Documents/PPM_Forms/Section_1000_Forms/PPS1011.pdf. A $10.00 fee may apply for each request. KSBN

License Status Verification is available online at www.ksbn.org or, written request for verification may be

submitted to the Board office. License status verification will include the following information:

Kansas license number

Date of issue and expiration

Legal and/or disciplinary action (if any)

Please refer to the KSBN website for additional information and any updates.

Contact Information

Kansas Dept. for Aging and Disability Services

HCBS Program Coordinator

Community Services and Programs Commission

503 S. Kansas Ave

Topeka, KS 66603

HCBS-KS@kdads.ks.gov

Related Information

RELATED LINKS:

K.S.A. 39-970

K.S.A. 65-6205

Approved by:

KDADS HCBS Director Date

KDADS Community Services and Programs

Commissioner Date

KDADS Legal Division Date

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