Long Term Care Criminal Record Check Process:Changes, Expectations, and Next Steps

Craig Cloud, Director | Division of Provider Services and Quality Assurance (DPSQA)Dr. Victoria Evans, Assistant Director | Division of Provider Services and Quality Assurance (DPSQA)

Why We Proposed Changes

• To be responsive to state and federal audits and comply with audit requirements.§ Criminal Justice Information Services’ National Identity Services audit (2015)

§ Arkansas Crime Information Center audit (Summer 2018)

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LongTermCareProvidersImpactedbyNewCRCProcess

• Nursing Homes• Intermediate Care Facilities• Assisted Living (level 1 and 2)• Residential Care Facilities• Post-Acute Head Injury providers• Adult Day Care providers• Adult Day Health Care providers

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TimelineforLongTermCareCRCProcessChanges

• State and Federal audits (2015, 2018)

• Drafted changes to Sections 303-306 of Long Term Care CRC Regulations (Fall 2017)

• Public comment period for Long Term Care CRC Regulations (???)

• Legislative approval (April 2018)

• Drafting changes to forms and letters (Spring/Summer 2018)

• Stakeholder outreach (Fall 2018)

• New process effective: January 1, 2019 4

LongTermCareCRCChanges:Forms,letters,andprocess• To be responsive to state and federal audits and comply with audit

requirements.

§ Updating the DMS-736 o Items needed ($13.25 check/money order payable to Arkansas State Police and completed

Verification form)oNote about when to use ASP-122 formoAdded field for State CRC Search ID No.oNotice (fine print)vremoved language regarding releasing CRC to current/potential employervadded sentence about using fingerprints to conduct FBI criminal records searchvadded sentence authorizing FBI records checkvadded sentence about applicant’s ability to challenge the accuracy and completeness of

information in any report, ability to obtain prompt determination as to the validity of challenge before a final determination is made

oUpdated instructions for completing criminal background check5

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LongTermCareCRCChanges:Forms,letters,andprocess• To be responsive to state and federal audits and comply with audit requirements.

§ Added new form --- FBI-1 DHS Verification form oAllows us to verify that identity of individual results matches information on FBI-1 DHS

Verification form.o Law enforcement/fingerprint technician will fill out FBI-1 DHS Verification form, place

it in envelope with fingerprint card, seal envelope, and write name/identification across seal before giving envelope to applicant.

§Updating language in determination lettersoUpdated terminology, “employment eligibility check” vs. “criminal background check”

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LongTermCareCRCChanges:Forms,letters,andprocess

§ Require that all state background checks be performed online via Arkansas State Police

portal.

o Paper/hardcopy background requests will be returned to facility.

o For more information on process or to register to use the ASP portal, contact the Information

Network of Arkansas (INA) at 501-324-8900 or visit website at

https://www.ark.org/criminal/index.php

§ National criminal background check will be performed by DPSQA for qualified individuals

only.

o Qualified individual is an individual the facility cannot verify has lived continuously in the state

for the past five (5) years and the individual is not exempt.

o Exempt individuals are licensed professional counselors, dentists, nurses, occupational

therapists, pharmacists, physical therapists, physicians and surgeons, podiatrists, psychologists

and psychological examiners, speech-language pathologists and audiologists, or social workers.

o Requests for national background checks for non-qualified individuals will be returned to facility. 12

LongTermCareCRCProcessandExpectations

• Instructions for Completing State Criminal Background Check – effective 1/1/19§ Facility must:

1. Perform state background checks online via Arkansas State Police portal.a. For more information on process or to register to use the ASP portal, contact the Information

Network of Arkansas (INA) at 501-324-8900 or visit website at https://www.ark.org/criminal/index.php

2. Only submit national criminal background checks to DPSQA on a qualified individual.a. Qualified individual = cannot verify individual has lived continuously in the state for past five (5)

years and individual is not exempt.

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LongTermCareCRCProcessandExpectations

• Instructions for Completing National Criminal Background Check – effective 1/1/19§ Applicant must:

1. Receive from facility DMS-736 form, Fingerprint Card, FBI-1 DHS Verification form, and a pre-printed envelope provided by DPSQA.

2. Complete DMS-736 form.3. Take DMS-736 form, Fingerprint Card, DHS-1 FBI Verification form, and pre-printed

envelope to local law enforcement.4. Have law enforcement complete Fingerprint Card and FBI-1 Verification form, and

place those documents and the DMS-736 form into pre-printed envelope. Law enforcement should seal the envelope, write their name/identification across the seal, and return envelope to applicant.

5. Return sealed envelope to facility.14

LongTermCareCRCProcessandExpectations

• Instructions for Completing National Criminal Background Check – effective 1/1/19§ Facility must:

1. Provide applicant DMS-736 form, Fingerprint Card, FBI-1 DHS Verification form, and pre-printed envelope.

2. Advise applicant to take those forms and pre-printed envelope to local law enforcement.3. Place sealed envelope returned by applicant into a second pre-printed envelope

provided by DPSQA along with any checks/payment and additional documentation.4. Seal the second envelope and send it to:

Arkansas Department of Human ServicesDivision of Provider Services and Quality AssuranceAttn: CBC unitPO Box 8059, S-405Little Rock, AR 72203

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ContactInformation

• For more information on the state background check process or to register to use the Arkansas State Police portal, contact the Information Network of Arkansas (INA) at 501-324-8900 or visit website at https://www.ark.org/criminal/index.php

• For more information on the federal background check process, contact the DHS Division of Provider Services and Quality Assurance:

Tommy Branch Dr. Victoria Evans

Supervisor, CBC unit Assistant Director, DPSQA

tommy.branch@dhs.arkansas.gov victoria.evans@dhs.arkansas.gov

501-320-6500 501-320-3964

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HelpfulLinks

• CRC regulations for Long Term Care providers (see changes in Sections 303-306) are available at: https://humanservices.arkansas.gov/about-dhs/dpsqa/regulations

• Forms referenced in this training are available at:https://humanservices.arkansas.gov/about-dhs/dpsqa/training-education

• Training and Education available at: https://humanservices.arkansas.gov/about-dhs/dpsqa/training-education

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