Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers

What this rule requires your agency to do

• 1At the time of each applicant's initial application, the chief administrator must review the databases listed in paragraph (C)(1) (SAM, OIG exclusion list, DODD abuser registry, sex offender database, inmate database, nurse aide registry, Ohio Medicaid exclusion list) to determine whether employment is prohibited.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 2The agency must maintain a roster of applicants, employees, and subcontractors including name, work start date, date the check request was submitted and received, and whether results revealed a disqualifying offense.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 3Criminal records check reports are not public records and may be released only to the persons enumerated in the rule.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 4The agency must require each applicant to request a BCI criminal records check, including a set of fingerprints, and (for non-five-year Ohio residents) an FBI check.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 5The agency must terminate conditional employment if the criminal records check results (other than FBI) are not obtained within sixty days of the request.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 6The agency must not employ or continue to employ a person convicted of or who pleaded guilty to a disqualifying offense unless a paragraph (F)/(G) exception applies.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 7A waiver agency may conditionally employ an applicant before results are obtained only after clearing the database review, and must require the criminal records check request no later than five business days after conditional employment begins.(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)
• 8As a condition of continued employment or subcontract renewal, the chief administrator must conduct a criminal records check at least once every five years (or enroll the person in RAPBACK).(Rule 5160-45-07 | ODM-administered waiver programs: criminal records checks involving agency providers)