Failure to Conduct Required National Background Checks on Nursing Staff
Penalty
Summary
The facility failed to implement national background checks for two out of five sampled employees, specifically a registered nurse and a licensed practical nurse, who had been employed for approximately thirteen and ten years, respectively. Review of their personnel files revealed that neither had a national background check on file, despite both having worked at the facility for an extended period. The facility's Prevention of Abuse policy did not address the requirement for national background checks for all employees, focusing instead on reference checks, compliance with state CORI law, and contacting relevant licensure boards and registries. Further review of communications from the licensing agency showed that memos were sent to nursing facilities outlining the requirement for national criminal background checks prior to employment and at least annually thereafter. These memos also specified that facilities must not employ individuals with certain criminal convictions. During interviews, the DON confirmed that national background checks were not performed for the two nursing staff members and stated a lack of awareness regarding the CMS memo outlining this requirement.