Failure to Notify Legal Review Unit of Rescinded Employment Offer
Penalty
Summary
The facility failed to comply with the requirement to notify the New York State Criminal History Record Checks Legal Review Unit within 30 calendar days after rescinding an offer of employment. Specifically, there was no documented evidence that the Legal Review Unit was informed within the required timeframe when the offer of employment for a Certified Nursing Aide Trainee was rescinded. This deficiency was identified during a recertification survey through record review and an interview with a Colleague Relations Partner, who acknowledged that the Department of Health should have been notified within the 30-day period.
Plan Of Correction
Plan of Correction: Approved April 25, 2025 Element 1: Certified Nursing Aide was terminated from Employment. Element 2: Human Resources will review staff whose job offers are rescinded as a result of a background check. Element 3: Policy for Criminal History Record Check has been updated to reflect the need for any staff that has had a job rescinded needs to notify the New York State Criminal History Record Checks Review Unit within 30 days from when the offer of employment is rescinded. Human Resources will be in-serviced on the requirement to notify the New York State Criminal History Record Checks Legal Review Unit within 30 days from when the offer of employment is rescinded due to the results of the Criminal History Background Check. Element 4: Audits will be conducted monthly to ensure that any employee that had an offer of employment rescinded that the New York State Criminal History Record Checks Legal Review Unit is notified within 30 days. The Quality Assurance Performance Improvement Committee will be responsible for recommending ongoing need and frequency of audits and if plan needs to be amended based on findings of audits and compliance with plan. Human Resources Authorized Person is responsible for on-going compliance.