In the state of Kentucky, only employees of nursing homes and assisted living homes (nurses, etc.) are subject to criminal background checks. These employees are typically the ones who provide direct care to residents. Members of the public are hailing this as a sane, common sense law, while others are lauding it as unfair to those who have undergone criminal rehabilitation.

On Thursday, the legislation was introduced to the 2012 General Assembly. The law states, among other things, that criminal background checks must be conducted for all long-term care employees. This law would extend background checks to janitors, and even dining room workers.

The motive for this law stems from a lawsuit filed in 2010. A Fayette Circuit Court found that a nursing home in Lexington unknowingly hired a registered sex offender as a maintenance worker.

The legislation is very exhaustive, and prohibits employment in nursing facilities or assisted living communities based on a variety of factors. The factors that would exclude employment are as follows: conviction of a felony related to theft, abuse or sale of illegal drugs, neglect, abuse, sexual exploitation of an adult, or any sexual crime.

The legislation was explicitly brought about in light of cases in which nursing home employees took advantage of residents. The exploitation was not only financial, but cases also documented workers taking sexual, emotional, and physical advantage of residents.

Lobbyists worked for nearly five years to draft legislation that would require background checks for all employees. The legislation was unanimously praised by these interest groups. One lobbyist stated "It's important because it affects the quality of the people taking care of our elderly population."

Similar legislation has also been brought about (Senate Bill 44) in the 2011 General Assembly, however, it failed. Lobbyists state that this may be because some lawmakers misunderstood the bill. Currently, no nursing home industry representatives have voices any opposition to the bill.

In June, a $3 Million dollar federal grant was given to Kentucky to conduct criminal background checks, using state of the art fingerprint technology instead of name based checks only. This grant for background checks was primaraly used by those in direct care facilities.

Top 5 Tips to Avoid FCRA Non-compliance
The ramifications of not following the “rules” surrounding pre-employment screening may lead to financial catastrophe as described in a complimentary guide provided by Pre-employ.com.  You can download it here: http://www.pre-employ.com/5Tips

Free analysis:
Reviewing an organization’s background screening process yearly helps ensure that the procedures used follow the prescribed steps, and will identify areas of concern. Pre-employ.com offers a free analysis of background screening programs here: http://www.pre-employ.com/quote

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

A recent report filed by CBS indicates a disturbing trend in the healthcare industry. According to a government report from the Department of Health and Human Services, 92% of representative pool of 260 nursing homes across the country had at least one employee with a criminal record on staff in 2009. With the job seeker pool as large as it is and the sensitive nature of the nursing home industry, it seems surprising that nursing homes would continue to hire people with criminal records. It stands to reason that many of these hires were not screened by a pre-employment screening agency. Indeed, they were found out in the government report through the use of a few simple background checks that any pre-employment screening would have utilized.

Additionally, over half of the nursing homes had five or more employees with criminal records currently on staff. The majority of these convictions were for property crimes such as theft, burglary and shoplifting, while several were found to be convicted sex offenders. Both represent liabilities for businesses for a variety of reasons. Hiring someone convicted of theft is a liability in that convicted thieves are more apt to steal business supplies from the workplace or residents of the home’s personal belongings. We shouldn't have to elaborate the dangers of allowing sex offenders to operate in a place where patients are often at their most vulnerable. Lawsuits, disruptions, not to mention the moral implications of such a choice should be obvious.

Most states require nursing homes to conduct basic criminal database checks on new hires in order to be in compliance with regulations, but only seven states require the more extensive FBI background check that checks for convictions in multiple states.

This report, filed by CBS, shocked a lot of viewers and readers. People seeking to put loved ones or themselves in a nursing home will soon be asking the question, "Does your facility do fingerprint background screening on new hires?" If you can answer yes, you're much more likely to get their business.

Furthermore, government officials, shocked by this news, reiterated the necessity of conducting extensive background checks on all new hires in the healthcare industry. Background checks should not be limited to accessing the FBI databases for criminal records, but should include conversations with past employers, education record checks and identity verifications. The average do-it-yourself approach of most nursing homes may not be able to successfully navigate the patchwork nature of many states' criminal databases. For this reason, government officials recommend that health care facilities such as nursing homes and hospitals use professional pre-employment screening agencies to conduct background checks on new hires.

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

A looming legal battle in Texas questions whether fingerprinting as part of background checks may be a violation of religious freedom.

According to a report from KTRE-TV Channel 9 in Lufkin, TX and comments by her own attorney, Pam McLaurin, a kindergarten teacher in Polk County, TX with over 20 years of experience, is suing the state for requiring her to be fingerprinted during a background check on the claim that fingerprinting violates her right to practice her religion, which is protected under the First Amendment.

KTRE-TV reported and McLaurin’s attorney stated that McLaurin – who her attorney said is willing to undergo any other type of background check – believes in the Book of Revelation literally and that undergoing fingerprinting would give her “the mark of the beast” that would cause her to “be tormented in burning sulfur” as described in the final book of the Bible in Revelation 13:16-17 and Revelation 14:9-11.

While the Superintendent of the school district where McLaurin teaches said he will do whatever the state requires, he also hoped the state would allow McLaurin to continue teaching without fingerprinting as part of a background check process, KTRE-TV reported.

A proper background check process needs to take into account both security and privacy issues. Pre-Employ.com – a national recognized background screening and employment services provider – offers organizations background check and fingerprinting solutions that help keep employees, employers, and the public safe. For more information on background checks and fingerprinting, visit www.pre-employ.com, email info@pre-employ.com, or call 1-800-300-1821. Follow Pre-Employ.com on www.twitter.com/PreEmploy.

tahearn@pre-employ.com

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!