Failure to Ensure Proper Background Checks for Agency CNA
Penalty
Summary
The facility failed to implement and enforce written policies and procedures to prohibit and prevent abuse, neglect, and misappropriation of resident property, as evidenced by incomplete caregiver background checks for one of eight staff reviewed. Specifically, a contracted CNA's background check documentation was not available in the facility's records, and the facility was unable to provide the required Wisconsin DOJ criminal background check letter or IBIS letter for this staff member. The Human Resource Manager indicated that the staffing agency no longer provided these documents to the facility due to privacy concerns and a previous data breach. Further investigation revealed that the agency employing the CNA did not follow the Wisconsin Caregiver Program requirements regarding offenses affecting caregiver eligibility, particularly for convictions of disorderly conduct. The agency manager was unaware of the specific state requirements and relied on the agency's own hiring standards, which did not include a detailed review of certain convictions. The necessary background check documents were only provided to the surveyor after direct request, highlighting a lapse in the facility's process for ensuring all staff, including agency staff, are properly screened according to state regulations.