Background Checks for Senior Care Employees Becomes Law in Michigan

An amendment to the Older Michiganians Act will mandate that aging agencies conduct criminal background checks for specified individuals

Earlier this year, Governor Whitmer signed House Bill 4325, standardizing mandatory criminal background checks for employees, subcontractors and volunteers working in or on behalf of area aging agencies. This includes individuals that may have:

  • In-person contact
  • In-home contact
  • Access to personal property
  • Access to confidential information

The bill codifies senior protections that the Michigan Department of Health and Human Services (MDHHS) implemented in October, 2020.

The law requires each applicable agency to conduct a national and state sex offender registry search in addition to a criminal history check (e.g., ICHAT search through the Michigan State Police). Local agencies will further be required to update the checks every three years and maintain applicable documentation pertaining to all individuals subject to mandatory background checks.

Employers are encouraged to review the specific terms of the amended act and compare against current background screening policies for all employees, subcontractors and/or volunteers to ensure compliance. Employers should be aware that the aforementioned populations apply to in-person contact with seniors as well as access to their property and/or confidential information.

Posted: March 14, 2022

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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