A background check is used by nursing homes to ensure that they do not hire criminals or abusers. Nursing homes have a duty to ensure that their
employees do not take advantage of the elderly residents because many of them are dependent on them and therefore vulnerable to abuse. Despite the fact that 98% of nursing homes say they conduct background checks before hiring new staff, the current system has a number of flaws. There are more than 90% of nursing homes with at least one convicted inmate, according to research. In addition, nearly half of all nursing homes have at least five people who have been convicted of a crime. Nursing homes are required by federal and state authorities to conduct thorough background checks, but many fail to do so.
Federal and State Law Regarding Background Checks
In accordance with federal law, elder care facilities are prohibited from employing individuals who have been convicted of violence or neglect against a patient. These are the employees who have access to residents and are responsible for interacting with residents on a day-to-day basis. Nursing homes are forbidden by law from hiring these individuals, but they are not required to use any specific background checks. The nursing home has sole authority over the nature and scope of the background checks performed. However, not all states mandate background checks. Federal and state background checks for nursing homes are mandated in ten states at this time. Nursing homes must also undergo background checks in 33 states that don’t mandate the FBI’s fingerprinting process.
Criminals are still getting into nursing homes despite state and federal regulations. Despite the fact that nursing homes have the option of conducting more thorough background checks than are mandated by law, most only perform the minimum. There are no requirements in seven states, so nursing homes use online databases to find potential employees, but many of those databases have incomplete information. 33 states require only state background checks, and nursing homes in those states cannot screen out criminals. An applicant’s criminal record will not show up on the state background check, even if the crime was a violent one. Nursing home positions in neighboring states can be obtained by convicted criminals. The breadth of the background check is another issue. It’s up to the nursing homes to decide what to do. Some nursing homes only investigate violent crimes or those involving theft or fraud. Other crimes, such as sexual assault or domestic violence, or drug trafficking may be able to slip through the cracks and find work as a result.
Better Background Checks for Safer Nursing Homes
Residents of nursing homes are particularly at risk, especially those who are ill, immobile, or have dementia or other forms of cognitive disease. To avoid physical or financial abuse among the elderly in the nursing home population, nursing home staff must be thoroughly screened and thoroughly trained. It’s not yet an official law, but some states are considering requiring nursing homes to conduct both state and FBI background checks. Concerns have been expressed by some state governments about the additional costs that this would place on nursing homes.
How do Background Checks Help Employers Protect Seniors?
Here are some of the factors that help verify a candidate’s identity and criminal history before being hired as a senior caregiver:
- The criminal check covers records from all relevant local, regional, and federal authorities. Plus, it will include any foreign countries where the individual has lived.
- It includes information from at least the last 7 years.
- The check includes identity verification, criminal history, previous employment, education, references, motor vehicle registration, possibly credit history, required drug and alcohol screening, and more.
- Information is collected from multiple sources: public records, verification with previous employers and universities, and courthouse documents.
A basic criminal history report isn’t enough when serving a vulnerable population, like seniors living at home. When selecting a service provider for employee screening, ask what other signs of criminal behavior and lack of integrity they review. Specifically, careful screening should include things like:
- Abuse,
- Fraud,
- Embezzlement,
- Domestic violence,
- Drug abuse.
Entrusting a staff member with the care of the elderly in their home necessitates research beyond what can be found in public records. A consumer reporting agency such as AO Services can help your company verify the information provided by job applicants. This necessitates getting in touch with former coworkers and supervisors to confirm employment dates and responsibilities, as well as the quality of the employee’s work. In addition, it is necessary to confirm that the candidate has all of the necessary licenses and certifications for the position and that they are up to date. For long-term employees with direct patient access, periodic criminal checks are a good idea. Caregiver screening should be requested every two years to prevent fraud and ensure patient safety. Contact us today to let us help you conduct accurate background screenings on your staff in a nursing home.