Failure to Timely Submit Termination Forms for Prospective Employees
Summary
The facility failed to ensure that termination forms (Form 105e) were submitted to the New York State Department of Health within 30 calendar days of termination for two prospective employees. Specifically, prospective employees #12 and #13 were not deactivated from the Criminal History Record Check within the required timeframe after receiving negative determination letters from the Department of Health. The facility's policy on the employment process, last reviewed in March 2023, did not address the procedure for terminating an employee from the Criminal History Record Check when their employment ended. Prospective employee #12 received a negative determination letter on January 30, 2024, but was not terminated from the Criminal History Record Check until January 7, 2025. Similarly, prospective employee #13 received a negative determination on November 15, 2024, but was not removed from the Criminal History Record Check until December 30, 2024. Human Resources Employee #11 acknowledged the oversight and stated that the termination should have occurred within 30 days of the negative determination letter. The delay was attributed to a lack of awareness and procedural oversight, as the facility's policy did not specify the requirement for timely termination from the Criminal History Record Check.
Penalty
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