Ohio Admin. Code 173-9-03 - Background checks for paid direct-care positions: reviewing databases
(A)
When to review: The responsible party shall review the
databases listed under paragraph (B) of this rule to see if an applicant,
employee, or self-employed provider has a disqualifying status in any of those
databases before the deadlines for conducting a criminal records check on the
applicant, employee, or self-employed provider in appendix B to rule
173-9-04 of the Administrative
Code. The responsible party may conduct a criminal records check before
reviewing databases if the responsible party completes both before the
deadlines in appendix B to rule
173-9-04 of the Administrative
Code. Any responsible party may use the automated registry check system (ARCS)
to review all databases listed under paragraph (B) of this rule at the same
time and on a continual basis.
(B)
Databases to
review: If the URL associated with any of the following databases becomes
obsolete, please consult with the government entity publishing the database for
an updated URL:
(1)
The United States general services administration's
system for award management (https://www.sam.gov/
), which is maintained pursuant to subpart 9.4 of the
federal acquisition regulation.
(2)
The office of
inspector general of the United States department of health and human services'
list of excluded individuals and entities (https://exclusions.oig.hhs.gov/
), which is maintained pursuant to sections 1128 and 1156 of
the "Social Security Act,"42
U.S.C. 1320a-7 and
1320c-5; or, if using ODM's
automated registry check system (ARCS), the medicare exclusion database which
is maintained pursuant to 42
C.F.R. 455.436.
(3)
The department of
developmental disabilities' online abuser registry (https://its.prodapps.dodd.ohio.gov/ABR_Default.aspx
), established under section
5123.52 of the Revised Code,
which lists people cited for abuse, neglect, or
misappropriation.
(4)
The department of medicaid's online provider exclusion
and suspension list (https://medicaid.ohio.gov/resources-for-providers/enrollment-and-support/provider-enrollment/provider-exclusion-and-suspension-list
).
(5)
The Ohio attorney general's sex offender and
child-victim offender database (http://www.icrimewatch.net/index.php?AgencyID=55149&disc=
),
established under division (A)(1) of section
2950.13 of the Revised
Code.
(6)
The department of rehabilitation and correction's
database of inmates (https://appgateway.drc.ohio.gov/OffenderSearch
), established under section
5120.66 of the Revised
Code.
(7)
The department of health's state nurse aide registry
(https://nurseaideregistry.odh.ohio.gov/Public/PublicNurseAideSearch
), established under section
3721.32 of the Revised Code. If
the applicant or employee does not present proof of Ohio residency for the
five-year period immediately preceding the date of the database review, the
responsible party shall conduct a review of the nurse aide registry in the
state or states in which the applicant or employee lived.
(C)
Disqualifying status:
(1)
If an
applicant's, employee's, or self-employed provider's name or alias appears in
any of the databases listed in paragraphs (B)(1) to (B)(6) of this rule, the
applicant, employee, or self-employed provider has a disqualifying status and
is ineligible to work in a paid direct-care position.
(2)
If an
applicant's, employee's, or self-employed provider's name or alias appears in a
database listed in paragraph (B)(7) of this rule as a person who has abused or
neglected a resident of a long-term care facility or residential care facility,
or misappropriated such a resident's property, the applicant, employee, or
selfemployed provider has a disqualifying status and is ineligible to work in a
paid direct-care position.
(D)
Referral by an
employment service: Division (G) of section
173.38 of the Revised Code
establishes an exception to the requirement to review an applicant's or
employee's status in the databases listed under paragraph (B) of this
rule.
Replaces: 173-9-03, 173-9-03.1
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.38, 173.381, 173.391, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.38, 173.381; 42 C.F.R. 460.68, 460.71
Prior Effective Dates: 01/01/2013, 04/01/2014, 02/01/2015, 08/01/2017, 04/01/2018, 03/01/2019
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