Cms Background Check Requirements

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Cms Background Check Requirements

Furthermore, a pilot program, applicable to certain health care providers including hospices in selected states, is currently being implemented to evaluate national and state background checks on prospective employees with direct access to patients.2 The proposed rule and the pilot program evidence CMS's interest in implementing a national employee background check requirement for health care providers including hospices. Employment (Including Volunteers) - CMS Proposed Rule & Federal Pilot Program Focus on Health Care Providers' Employee Criminal Background Checks: Could There Be a Nationwide Employee Background Check Requirement? Home » Knowledge » Employment (Including Volunteers) - CMS Proposed Rule & Federal Pilot Program Focus on Health Care Providers' Employee Criminal Background Checks: Could There Be a Nationwide Employee Background Check Requirement? In May 2005, the Centers for Medicare and Medicaid Services (CMS”) released a proposed rule which would revise the Hospice Conditions of Participation (CoPs”) that hospices must meet to participate in the Medicare and Medicaid programs.1 Part of the proposed rule would set forth a new requirement mandating that hospices obtain a criminal background check for all hospice and contract employees prior to employment.

Although, most states and many liability insurers require hospices to obtain criminal background checks on employees.”3 In fact, according to CMS, in 2002, 39 states required criminal background checks for hospice employees.”4 However, many of these programs require background checks only for those employees involved with patient care, or who have contact with financial information.5 The proposed rule would implement a stricter hospice background check requirement and would apply to hospices nation-wide. 2015 CMS Employment Categories Some Qualified Entities (QEs) are subject to Centers for Medicare and Medicaid Services (CMS) requirements for background checks. Background Check Unit 6/4/2015 A Shared Service of DHS & OHA BCU Centers for Medicare and Medicaid Services (CMS) Employment Categories in CRIMS Some qualified entities (QEs) are subject to Centers for Medicare and Medicaid Services (CMS) requirements for background checks.

CMS has the responsibility to initiate a pilot program mandated by the 2003 Medicare Prescription Drug, Improvement, and Modernization Act that will test federal background check requirements in up to five states. Although there is no current federal statutory requirement that hospices conduct background checks on prospective employees, the proposed CoPs and the pilot program indicate that CMS is entertaining the idea of a nationally-mandated federal hospice employee background check requirement. In order to comply with the requirement, CMS defines implementation” as meaning that the state Medicaid agency has conducted a fingerprint-based criminal background check with respect to each provider that the agency has designated as high” risk.

Federal matching funds are available to all States and U.S. territories that apply to CMS and meet all the National Background Check Program requirements as defined in Section 6201 of the Affordable Care Act. In response to the College's inquiry, we learned CMS has NOT expanded the fingerprint/background check program and there has been no authorization of random” requirements for fingerprinting or background checks. While I applaud CMS' efforts to protect Medicare patients from harm, the background check requirement relies on fingerprint-based background checks, which experts agree should never be the gold standard in the industry.

https://www.law.cornell.edu/cfr/text/42/455.450

https://humanresources.illinois.edu/assets/docs/AHR/Background-Check-FAQs-for-Candidates.pdf

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