Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 05 - Health Facility Services › Rule 007.05.98-001 - Rules and Regulations for Conducting Criminal Record Checks for Employees and Operators of Home Health and Hospice Agencies in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
RULES AND REGULATIONS
FOR CONDUCTING
CRIMINAL RECORD CHECKS
FOR EMPLOYEES AND OPERATORS OF
HOME HEALTH AND HOSPICE AGENCIES
IN ARKANSAS
SECTION I.
			 AUTHORITY
These rules and regulations requiring criminal record checks
				for employees of home health and hospice facilities in the State of Arkansas
				are duly adopted and promulgated by the Arkansas State Board of Health pursuant
				to the authority expressly conferred by laws of the State of Arkansas in Act
				990 of 1997.
These rules and regulations shall be promulgated as a
				supplement to the licensure manuals for home health and hospice
				facilities.
SECTION II.
			 PURPOSE
The purpose of these sections is to provide direction to home
				health or hospice agencies in the state of Arkansas as it relates to criminal
				record checks on current or potential employees.
SECTION III DEFINITIONS
Bureau
means the
				Identification Bureau of the Department of the Arkansas State Police.
Care
means treatment, services,
				assistance, education, training, instruction, or supervision for which the
				care-giving person or entity is reimbursed either directly to or by arrangement
				with a home health or hospice agency.
Department
means the
				Arkansas Department of Health.
Determination
means a
				Department's determination that an applicant or employee is or is not
				disqualified from employment or that a home health or hospice is disqualified
				from licensure based on the criminal history of the operator.
Division
means the
				Division of Health facility Services, Arkansas Department of Health
Elderly
means persons
				aged 65 or older.
Employee
means any person who provides
				care to individuals on behalf of, under the supervision of, or by arrangement
				with a home health or hospice agency or any person employed by a home health or
				hospice agency, unless the person is a family member, a volunteer or works in
				an administrative capacity.
Felony conviction in the criminal history
				report
means a conviction on any of the major crimes listed
				in ACT 990 of 1997, Section 5, subsection b (Attachment I).
Home Health
Agency
means a service as defined
				by A.C.A. §
									20-10-801
				whether or not the agency has applied for or possesses any license necessary
				for operation.
Hospice Agency
service as defined by
				A.C.A. §
									20-7-117
				whether or not the agency has applied foror possesses a license.
Individuals with disabilities
means persons who require assistance to perform one or more of the
				following tasks of daily living: feeding, mobility, toileting, or
				medication.
Index
means the database,
				maintained by the Bureau, of criminal records checks that have been conducted
				on applicants for employment with and employees of home health or hospice
				agencies.
National criminal history check
means a review of national cr
imin
al records
				maintained by the Federal Bureau of Investigation based on fingerprint
				identification or other positive identification medio ds.
Provisional License
means
				a forty-five day license issued to a home health or hospice agency whose
				operator has been found to have a felony conviction in the criminal history
				report.
Operator
means a person
				responsible for the day to day operation of the home health or hospice
				agency.
Report
means a statement
				of the criminal history of an applicant, employee, or operator issued by the
				Bureau.
State criminal history check
means a review of state c
rimin
al records
				conducted by the Bureau.
IV.
			 HOME HEALTH OR HOSPICE AGENCIES
A. All home
			 health and hospice agencies must comply with these regulations as they apply to
			 that type of agency. If an operator or agency fails or refuses to cooperate in
			 obtaining criminal record checks, such circumstances shall be grounds to deny
			 or revoke the home health or hospice agency's license.
B. Any unlicensed agency providing home
			 health or hospice services violating these rules and regulations shall be
			 guilty of a Class A misdemeanor for each violation according to Act 990 of
			 1997.