Background Check Requirements

 


By Aris Medical Solutions

 

The state of Indiana expanded the requirements for background checks to include national criminal history checks on employees and owners of home healthcare and personal services facilities.

The previous law required only a limited criminal history check. A limited criminal history contains only felonies and class A misdemeanor arrests within the state of Indiana. The expanded criminal history check includes history of all counties and states where the person lived. The national criminal history check contains information from all state and federal jurisdictions.

Employers must request a national criminal history check within three days of a new employee’s commencement of work, and owners cannot employ someone to provide services in a patient’s residence for more than 21 days without receipt of the results of the check. Employers must complete a national criminal history check on all new hires, and no employee without the check can serve patients in their residences. Owners, officers, and managers are also subject to the criminal history check. Convictions of rape, certain exploitations, or criminal deviate prohibits anyone from owning a facility or working in patient care. This history check must cover the person’s lifetime and it not limited to a certain time frame or number of years. This exclusion also applies to anyone that failed to report the crime or was convicted of theft within the last 10 years.

Although this law does not include “medical practices”; Aris still recommends a background check on all staff members. More than likely we will see more states amend their laws and they may include all of healthcare. If you are not doing so, it is time to review your Workforce Clearance Procedures.
Here are some websites to assist you:
https://www.intellicorp.net/marketing/home.aspx

https://www.fadv.com/healthcare

https://www.backgroundchecks.com/

For more information on how Aris Medical Solutions can help your organization with HIPAA Compliance and Protecting Patient Data call 877.659.2467 or click here to contact us.

“Protecting Organizations through Partnership, Education, and Support”

Storing Patient Records

 

By Aris Medical Solutions

 

Since most medical practices are going electronic, it may be time to free up some of that precious space in your office. Make sure when, how, and where you decided to store your data is secure.

Some practices move excess patient charts to a self storage unit. It’s cheap and if you have an patient chart inventory list you should be safe… right?
What happens if the facility burns down?
What if someone breaks in and it is not discovered for months?
What if you don’t have an inventory list of which records are in there?

  • Did you know that PHI is considered PHI until after a person has been deceased for 50 years! That means even if the person isn’t alive, it is still a reportable breach!
  • Did you know that if you can’t determine if ANY records or WHICH records were stolen, you would have to report all of them.

Self storage units may sound like a good deal. That good deal could cost you more in the end. If the unit burns or if it is vandalized, you could be charged for wilful neglect for NOT securing the records. Not to mention, you may be required to report this as a data breach and cost you nearly $350.00 per record! Are you willing to accept that risk? After all, the OCR doesn’t specifically state what is or is not HIPAA compliant. If you suffer a data breach, THEN they will determine if you had reasonable and appropriate safeguards in place.

Now I will ask you.. Wouldn’t it make sense to spend about the same amount of money and have a professional company store your records? That’s right; for about $50.00 per month you can store approximately 100 boxes of records! Of course pricing will depends on your location and how many you need to store. When organizing the records, we suggest by year and alphabetize them. This makes it much easier when the time comes to destroy them!

If you need assistance with a Risk Analysis, Risk Management Plan, or implementing a full set of HIPAA Policies and Procedures, call Aris at 877.659.2467 or click here to schedule a demo. We offer a full range of services from a Do-It-Yourself HIPAA program to a Full HIPAA Implementation package.

“Protecting Organizations through Partnership, Education, and Support”

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