tci Medicare Compliance & Reimbursement - 2013 Issue 3
Staffing: Develop A 'Targeted Screen' For Better Legal Standing
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Article Overview
This article addresses EEOC guidance on criminal background checks and its implications for home health agencies and hospice providers. It explains the general framework for developing a targeted screen and performing an individualized assessment when an applicant or employee is excluded based on criminal history. The piece is aimed at staffing, compliance, and leadership professionals who need to understand the legal and operational impact of background-screening practices.
Why This Topic Matters
The topic matters because screening practices that are not aligned with current EEOC guidance can expose home health and hospice organizations to discrimination claims. Understanding the broad compliance framework helps organizations evaluate hiring policies and review procedures before problems arise.
Article Sections
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EEOC guidance and background-check risk
Introduces the new guidance and the legal exposure it creates for home health agencies and hospices when criminal background checks are used in hiring decisions.
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Developing a targeted screen
Describes the broad factors used to structure a targeted screening approach, including the nature of the conduct, the time that has passed, and the characteristics of the job.
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Individualized assessment
Outlines the general steps in reviewing a person’s circumstances after a screening exclusion and considering whether an exception may be appropriate.
What You Will Learn
- How EEOC guidance affects criminal background screening in hiring
- What broad factors are considered when creating a targeted screen
- How an individualized assessment fits into the review process
- Why the home health and hospice setting receives special attention in this guidance
Who Should Read This
- Home health agency administrators
- Hospice leaders
- Human resources staff
- Staffing and compliance professionals
- Healthcare legal and risk management personnel
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