Washington assisted living and nursing facilities may have additional obligations after receiving background check results
The Washington Department of Social and Health Services recently sent a “Dear Administrator” letter to assisted living and skilled nursing facilities, stating that a recent state audit identified that the Department does not have a process in place to determine the Character, Competence, and Suitability (CC&S) of an owner or designee when their background check shows they have a nondisqualifying crime, pending charges or negative actions that occurred after the facility was licensed.
The concern is that a provider may have a crime or negative action that could put residents at risk should a CC&S review not be completed.
Based on this finding, the Department stated that moving forward, if an owner or designee’s background check or fingerprint check shows a nondisqualifying crime, pending charges or negative actions, they must either complete DSHS form 15-456 or complete a Character, Competence, and Suitability statement as outlined in applicable sections of the Washington Administrative Code (WAC) and make it available to the department upon request. Additionally, the CC&S should be kept with the owner or designee’s file for future inspections.
The letter states that when completing a CC&S, the owner or designee should consider the following:
- The amount of time that has passed since the conviction or negative action;
- The seriousness of the crime that led to the conviction or finding;
- The number and types of other convictions in the applicant’s background;
- Age when convicted of the crime or when s/he committed the act that resulted in a negative action(s);
- Documentation indicating successful completion of all court-ordered programs and restitution;
- Review of FBI RAP sheets (if applicable)
- Behaviors since the convictions, charges, negative actions or other adverse behaviors;
- The vulnerability of those that would be under the applicant/employees care; and
- Whether s/he self-disclosed the crime(s), pending charge(s), and/or negative action(s).
Source: State of Washington Department of Social and Health Services, 6/9/2016
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