Joint Provider/Surveyor Training September 13, 2011

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D.

Joint Provider/Surveyor TrainingSeptember 13, 2011

update


Why change?

Legislative changes were needed


Multiple FingerprintingLast FP occurred within 1 year of initial FP

Last FP occurred within 2 years of initial FP

# times FP # Individuals # Ind % Cost of FP >1 #Ind. % Cost of FP >1

9 61 1 2 $ 560 19 31 $ 10,640

8 108 3 3 1470 58 54 28,420

7 192 8 4 3360 91 47 38,220

6 466 34 7 11,900 259 56 90,650

5 984 102 10 28,560 628 64 175,840

4 2458 430 17 90,300 1783 73 374,430

3 6916 2566 37 359,240 6124 89 857,360

2 24097 15433 64 1,080,310 23,199 96 1,623,930

Total 35282 $1,575,700 $ 3,199,490

Fingerprinting frequency vs. time – www.miltcpartnership.org 8/17/09

http://www.miltcpartnership.org/


Target Areas for Legislation

• Extend the validity of background checks • Share results• Use the web-based system to reduce the cost

of compliance• Restrict conditional employment• Clarify key terms


Public Acts

291, 292 and 293 of 2010- Effective 12/16/10• Authorized sharing of results across all facility

types• Exempt employees are really exempt• Authorized staffing agencies and contractors

to request background checks• Definitions of key terms


Solution 1 - Share Results between Facilities

• Conditions for sharing results– Valid fingerprints submitted within the past 12

months and eligible for employment – Continuously resided in Michigan during the past

12 months


How it works…

May transfer to any facility using a shared result

Must submit fingerprints once. May transfer to any facility. Conviction = Loss of exempt status.

New fingerprints required upon transfer


Online process

• Enter applicant’s demographic data• Check registries• System process will determine whether a new

background check is needed• If no, immediate result or wait for a pending

application• If yes, proceed as usual


Solution 2 - Give access to contractors

• Background check result is shared • Clients conduct an independent check of

registries• Rap back is active for each facility


Agency Registration

• Request access at www.miltcpartnership.org• Client facility verifies status• $100 account set-up fee • Login information sent immediately upon

approval


How it works…

Contracted staff are checked by the employing agency

Each facility accesses the background check result by entering the individual’s unique ID

RAPback information is sent to the employer and all facilities where the individual is working


Online process –Contracted Staff

• Agency provides a unique ID for their employee.

• Facility enters the ID under “Contracted Staff” on the “New Application” screen

• Facility conducts registry checks• Immediate result - Eligible or Ineligible letter• RAPback activated


Savings

• Approximately 2000 applications per month are eligible for shared results

• $1.4 million per year in background checking fees

• In most cases, the result is available immediately


Facility responsibility

A facility is responsible for requesting a background check only for those individuals who are “under the facility’s control”.


Conditional employment

• On-site supervision • If unsupervised– Disclose criminal and other relevant information– Submit fingerprints within 10 business days– No direct access until criminal history result is

received; unless • ICHAT• Statement of residency


Conviction – definitions added

• State law• Federal law (42 USC 1320a-7)• Deferred/delayed sentencing


Questions?


Toni Dennis Workforce Background Check [email protected]

Support services www.miltcpartnership.org

Help desk1-877-718-5547

Contacts

Susan Jones -ManagerLTC [email protected]


Definitions of Key Terms

Public Acts 291, 292 and 293 of 2010


Definition - Under the facility’s control• "Under the facility's control" means an individual employed by or under

independent contract with a covered facility for whom the covered facility does both of the following:

• (i) Determines whether the individual who has access to patients or residents may provide care, treatment, or other similar support service functions to patients or residents served by the covered facility.

• (ii) Directs or oversees 1 or more of the following:• (A) The policy or procedures the individual must follow in performing his

or her duties.• (B) The tasks performed by the individual.• (C) The individual's work schedule.• (D) The supervision or evaluation of the individual's work or job

performance, including imposing discipline or granting performance awards.

• (E) The compensation the individual receives for performing his or her duties.

• (F) The conditions under which the individual performs his or her duties.


Definitions – Staffing Agency/Contractor

• "Independent contract" means a contract entered into by a covered facility with an individual who provides the contracted services independently or a contract entered into by a covered facility with a staffing agency that complies with the requirements of this section to provide the contracted services to the covered facility on behalf of the staffing agency.


• "Staffing agency" means an entity that recruits candidates and provides temporary and permanent qualified staffing for covered facilities, including independent contractors.

Definitions – Staffing Agency/Contractor


Definitions – Convicted

"Convicted" means either of the following:• (i) For a crime that is not a relevant crime, a final

conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication or disposition by the juvenile division of probate court or family division of circuit court for a violation that if committed by an adult would be a crime.

• (ii) For a relevant crime described under 42 USC 1320a-7(a), convicted means that term as defined in 42 USC 1320a-7.


Definition – Convicted under 42USC 1320a-7

"Convicted" defined For purposes of subsections (a) and (b) of this section, an individual or entity is considered to have been "convicted" of a criminal offense - (1) when a judgment of conviction has been entered against the individual or entity by a Federal, State, or local court, regardless of whether there is an appeal pending or whether the judgment of conviction or other record relating to criminal conduct has been expunged; (2) when there has been a finding of guilt against the individual or entity by a Federal, State, or local court; (3) when a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court; or (4) when the individual or entity has entered into participation in a first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld.

Documents

Joint Provider/Surveyor Training September 13, 2011