APPENDIX Requirement NBCP Fed Nursing Home Fed HHA Fed Hospice §484.12 Condition of Condition of Participation §418.114(d) Standard: 42 Voluntary Participation (Medicaid) Legislation/CFR (Medicare and Medicaid) Criminal Background CFR 455.434 - Criminal PL111-118 (PPACA) 24CFR483.12 (rev. 2017) Checks background checks State agency Single State Agency to No, but must comply required to perform manage program, No Yes with State requirements or review checks including notifications. (if any) Only nursing homes 9 types, plus others if the New or re-enrolling Entities covered receiving Medicaid or Hospices State chooses HHAs, DME providers Medicare All (employees, the Employees and Direct patient access medical director, Only 5% owners, agents, contracted entities with Employees covered “Direct Access” consultants, contractors, managing employees) direct patient access or (LTCCC) volunteers. Students) access to patient records Implied 60 days Prior to enrollment; or 30 State requirements, or Deadline for check (preliminary Before hiring days after State or CMS 90 days after starting employment) request employment CRIMINAL BACKGROUND CHECK REQUIREMENTS Requirement NBCP Fed Nursing Home Fed HHA Fed Hospice Not specified, but Not specifically, but implied have a (“Must found criminal background implied (“been In State (of facility) Yes Not stated guilty a court of accordance of…by check…in with State law.”) requirements”) Other States No Implied court of Not stated No (“a law”) Yes (through National Yes Implied court of No (“a law”) fingerprinting) Fingerprint Yes No Yes No
APPENDIX Requirement NBCP Fed Nursing Home Fed HHA Fed Hospice Legislation/CFR Voluntary PL111-118 (PPACA) Condition of Participation (Medicare and Medicaid) 24CFR483.12 (rev. 2017) §484.12 Condition of Participation (Medicaid) 42 CFR 455.434 - Criminal background checks §418.114(d) Standard: Criminal Background Checks State agency required to perform or review checks Single State Agency to manage program, including notifications. No Yes No, but must comply with State requirements (if any) Entities covered 9 types, plus others if the State chooses Only nursing homes receiving Medicaid or Medicare New or re-enrolling HHAs, DME providers Hospices Employees covered Direct patient access “Direct Access” (LTCCC) All (employees, the medical director, consultants, contractors, volunteers. Students) Only 5% owners, agents, managing employees) Employees and contracted entities with direct patient access or access to patient records Deadline for check Implied 60 days (preliminary employment) Before hiring Prior to enrollment; or 30 days after State or CMS request State requirements, or 90 days after starting employment CRIMINAL BACKGROUND CHECK REQUIREMENTS Requirement NBCP Fed Nursing Home Fed HHA Fed Hospice In State (of facility) Yes Not specifically, but implied (“been found guilty of…by a court of law.”) Not stated Not specified, but implied (“Must have a criminal background check…in accordance with State requirements”) Other States No Implied (“a court of law”) Not stated No National Yes Implied (“a court of law”) Yes (through fingerprinting) No Fingerprint Yes No Yes No