Failure to Complete and Maintain Required Employability Checks for Staff
Penalty
Summary
The facility failed to follow its written policies and procedures designed to prohibit and prevent abuse, neglect, exploitation of residents, and misappropriation of resident property. Specifically, the facility did not ensure that employability status checks (EMR/NAR) were completed and maintained for two employees, an RN and a dietary manager, prior to their hire dates as required by facility policy. Record reviews revealed that neither employee had documentation of an EMR/NAR check in their personnel files at the time of hire, and the checks were either not performed or not retained as evidence. Interviews with the HR staff confirmed that she was responsible for conducting and maintaining EMR checks but could not provide proof that the checks were completed for the RN and assumed the contracted company handled the check for the dietary manager. The administrator acknowledged that the policy was not followed and that all staff, including contracted employees with resident contact, were required to have EMR checks completed and documented. The lack of adherence to these procedures placed residents at risk of receiving care from individuals who may not have been eligible for employment.