Background Checks
To ensure the safety of our clients, providers must complete fingerprinting and background checks by the Ohio Bureau of Criminal Investigation (BCI). Learn about these requirements below.
Background Check Requirements
Assisted Living Waiver Providers
Criminal record checks conducted for any applicant or employee providing paid direct-care services to individuals enrolled in the Assisted Living Program should be conducted using reason fingerprinting code 3721 121 (Home or Adult Daycare Program). However, The Ohio Department of Aging (ODA) may accept the results of any criminal records check conducted using any other code that the Ohio Department of Health (ODH) will accept for criminal records checks conducted under section 3721.121 of the Revised Code. As ODA’s designee, Buckeye Hills Regional Council will review background check results for a sampling of employees that provide services to individuals enrolled in the Assisted Living Program as well as the facility’s applicant log to ensure ODH’s regulations are being followed.
Database/background Check Order
Web searches or Database Checks must be performed prior to BCI.
OAC 173-9-03
- Applicants (pre-hire): The responsible party shall review each applicant’s (pre-hire) status in the databases before conducting the criminal records check that rule 173-9-04 of the Administrative Code requires for applicants.
- Employees (post-hire): The responsible party shall review each employee’s (post-hire) status in the databases before conducting the criminal records check that rule 173-9-04 of the Administrative Code requires for employees. Because rule 173-9-02 of the Administrative Code does not require criminal records checks on employees (post-hire) in three types of direct-care positions, the responsible party is not required to review databases on employees (post-hire) in the same three types of direct-care positions.
R.C 173.27 and 173.38 require a responsible party to request a criminal record check before conditionally hiring a person.
Databases To Review
Reason Fingerprinting Codes
Reason codes were developed by the Attorney General’s Office. In order for a responsible party to request a criminal record check, a corresponding reason code is required by the Attorney General’s Office. The reason codes generally approximate the corresponding Revised Code section under which the criminal records check is required. For example, criminal record checks required by R.C. 173.38 should be conducted using code “173 38.”
Specific BCI Reason Codes:
The Following reason codes are those known to comply with requirements of R.C. 109.572(A)(3) and (B)(1) at this time and should be used by responsible parties to demonstrate compliance with all applicable statutory criminal records check requirements and administrative requirements under Ohio Administrative Code, Chapter 173.
Criminal record checks for applicants and employees providing paid direct-care services to individuals enrolled in the PASSPORT program or any Older Americans Act/Title III program funded through ODA, should be conducted using “173 38” (Community based long term care agency). However, ODA may also accept the results of any criminal record check conducted using any of the following reason codes:
“173 27” State long-term care ombudsperson program
“3701 881” Home Health Agency Responsible for Children or Adults (in-home patient-care)
“5123 081” Employment with DoDD, county board of DD or contracting agency
“5123 169” Applicant for a supported living certificate
“173 381” Self-employed provider serving one or more persons in an ODA-administered program
R.C. 173.38, 5134.342 will eliminate the option of using The Ohio Department of Medicaid’s (ODM) standards instead of ODA’s standards, even if the responsible party is subject to both standards.
Criminal Record Check Roster
Each time a background check is completed for an applicant or an employee, the responsible party is required to make an entry on their criminal record check roster.
OAC 173-9-08 (B) (2)
(a) A responsible party shall maintain a roster of applicants and employees, accessible by ODA’s director (or the director’s designees), that includes, but is not limited to:
(i) The name of each applicant and employee.
(ii) The date the responsible party hired the employee.
(iii) The date the responsible party requested criminal records from BCII.
(iv) The date the responsible party received criminal records from BCII.
(v) A determination of whether the criminal records revealed that the applicant or employee committed a disqualifying offense(s).
(b) Regarding the self-employed, the responsible party shall retain the following information, accessible by ODA’s director (or the director’s designees), that includes, but is not limited to:
(i) The date that ODA certified the self-employed provider.
(ii) The date the responsible party requested criminal records from BCII.
(iii) The date the responsible party received criminal records from BCII.
(iv) A determination of whether the criminal records revealed that the self-employed provider committed a disqualifying offense(s).
Pers Providers & Providers Utilizing Subcontracted Employees
Providers of central monitoring stations or subcontracted employees must follow the Ohio background check requirements.
Out Of State Providers
Out-of-state FBI checks are not acceptable as there is no way to determine the appropriate reason the fingerprinting code was entered.
Out-of-state providers may request BCI fingerprint forms from the Ohio Attorney General to be mailed to them for fingerprinting in their own state. The next step would be to mail it back to the Ohio Attorney General for BCI review.
Direct-Care Position Definition
ORC 173.38 states any individual who has access to one or more consumer’s personal property or records is required to undergo a database review and criminal record check. ODA must adhere to ORC, and thus, the need to background check these employees is a requirement.
OAC 173-9-01 (10)
(a) “Direct-care position” means an employment position in which an employee has either one or both of the following:
(i) In-person contact with one or more consumers or individuals.
(ii) Access to one or more consumers’ (or individuals’) personal property or records.
(b) “Direct-care position” does not include a position that solely involves transporting people while working for a county transit system, regional transit authority, or regional transit commission.