HospitalInspections.org

Based on policy review, document review, and interview the hospital failed to follow policy and ensure criminal record checks were performed on 4 of 32 staff files reviewed (Staff S, Staff Z, Staff AA, and Staff Q), prior to an offer of employment and satisfactory results of the criminal record check. This deficient practice has the potential to place patients at risk for abuse, neglect, or harassment.


Findings Include:

Review of a hospital policy titled, "Pre-Employment Criminal Background Checks," effective date 03/09/2023, showed, " ...It is the policy of the Company to require a criminal record check on candidates after an offer of employment is extended and accepted. Offers of employment are contingent upon satisfactory results of the criminal record check. If any candidate is found to have falsified any information regarding conviction history, the applicant will not be considered for employment. In addition, it is the policy of the hospital to require a criminal record check on all interns and agency personnel after the assignment has been accepted but prior to starting the assignment ...

POLICY

I. Once Human Resources goes into the applicant tracking system and creates and submits the offer, a criminal background request will be automatically generated to a centralized screening service contracted by the hospital.

II. The applicable human resources department will be e-mailed the status of the criminal background check. When a search is completed, the candidate's status will be posted in the applicant tracking system as "Approved"(in the case of no convictions), or "Referred to Home Office Human Resources." Records with convictions are forwarded to Home Office Human Resources. The determination of an applicant's suitability for a position will be communicated
after review.

III. If the results of the criminal background check are sent as approved, the candidate is considered eligible to begin work (pending approval of other pre-employment checks) ..."


Review of undated document titled "Disclosure Regarding Background Investigation" showed " ...Please be advised that [above named hospital] may obtain information about you from a consumer Reporting Agency for employment purposes. Thus, you may be the subject of a Consumer Report or an Investigative Consumer Report, which may include information about your character, general reputation, personal characteristics, and mode of living, and which can involve personal interview with sources such as your neighbors, friends, associates, or others. These reports may include employment history and reference checks, criminal and civil history information, motor vehicle records and moving violations ("driving records"), sex offender status reports, education verification, professional licensure verification, drug testing and Social Security Verification. The scope of the consumer reports to evaluate you for employment purpose now and, if you are hired, throughout the course of your employment without further notice, to the extent permitted by applicable federal and state law. As a result, you should carefully consider whether to authorize the procurement of a report ..."

Review of undated document titled "Authorization" showed "I Hereby Authorize [above named hospital] to obtain "consumer reports" and/or "investigative consumer reports" at any time after receipt of the Authorization and, if I am hired, throughout my employment. To this end, I hereby authorize, without reservation, any person or entity, law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company to furnish any or all background information ...The term "background information" includes, but is not limited to, employment history, reference checks, criminal and civil history information, motor vehicle records, moving violations reports, sex offender status information, education verification, professional licensure verification, drug testing and information related to my Social Security number ..."

Review of Staff S, Physical Therapist (PT) personnel file showed a hire date of 04/09/01. The personnel file failed to show a criminal background check was performed per hospital policy that specifies offers of employment are contingent upon satisfactory results of the criminal record check.

Review of Staff Z's Rehabilitation Nurse Technician (RNT), personnel file showed a hire date of 07/08/02. The personnel file failed to show a criminal background check was performed per hospital policy that specifies offers of employment are contingent upon satisfactory results of the criminal record check.

Review of personnel Staff AA, Therapy Manager, Speech Language Pathologist (SPL), file showed a hire date of 05/07/01. The personnel file failed to show a criminal background check was performed per hospital policy that specifies offers of employment are contingent upon satisfactory results of the criminal record check.

Review of personnel file Staff Q, Therapy Manger, PT showed a hire date of 09/09/91. The personnel file failed to show a criminal background check was performed per hospital policy that specifies offers of employment are contingent upon satisfactory results of the criminal record check.

During an interview on 10/18/23 at 2:35 PM, Staff B, Director of Quality and Risk Management, stated, "I don't know what policy is on background check. I would expect everyone would have background check. To my knowledge have we have not hired anyone without doing to background check or is a criminal ..."

During an interview on 10/18/23 at 2:54 PM, Staff Y, Director of Human Resources (HR), stated, " ...We cannot hire a person without background check. I do not know of anyone being hired without a background check or criminal. I was equally shocked that they didn't have a background check."