To ensure the safety of our clients, providers must complete fingerprinting and background checks by the Ohio Bureau of Criminal Investigation (BCI). The information presented below is provided as a resource to you. For the most up to date guidance on criminal background check requirements, please visit the Ohio Department of Aging website.
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.
OAC 173-9-03
When to review: The responsible party shall review the databases listed under paragraph (B) of this rule to see if an applicant, employee, or self-employed provider has a disqualifying status in any of those databases before the deadlines for conducting a criminal records check on the applicant, employee, or self-employed provider in appendix B to rule 173-9-04 of the Administrative Code. The responsible party may conduct a criminal records check before reviewing databases if the responsible party completes both before the deadlines in appendix B to rule 173-9-04 of the Administrative Code. Any responsible party may use the automated registry check system (ARCS) to review all databases listed under paragraph (B) of this rule at the same time and on a continual basis.
Established under section 3721.32 of the Revised Code. “If the applicant or employee does not present proof of Ohio residency for the five-year period immediately preceding the date of the database review, the responsible party shall conduct a review of the nurse aide registry in the state or states in which the applicant or employee lived.”
All States Nurse Aide Registry
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 38” Community based long-term care agency
“173 27” State long-term care ombudsperson program
“3701 881” Home Health Agency Responsible for Children or Adults (in-home patient-care) – Ohio Department of Health Licensed Providers (BCII & FBI Code)
“5123 081” Employment with DoDD, county board of DD or contracting agency
“5123 169” Applicant for a supported living certificate
“3721 121” Assisted Living Providers Only (BCII & FBI Code)
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.
173.38(F)(1): “If an applicant or employee for whom a criminal records check request is required by this section does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant or employee from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check. Even if an applicant or employee for whom a criminal records check request is required by this section presents proof of having been a resident of this state for the five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check.”
FBI Record Criminal Record Check Roster
A responsible party shall maintain a roster of applicants and employees for whom section 173.38 of the Revised Code requires obtaining criminal records from the FBI through BCII, 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 the FBI through BCII.
(iv) The date the responsible party received criminal records from the FBI through BCII.
(v) A determination of whether the criminal records revealed that the applicant or employee committed a disqualifying offense(s).
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.
If the Home Health Service Provider is licensed by the Ohio Department of Health (ODH) as required under Chapter 3740 of the Revised Code, ODA will accept criminal records checks conducted under fingerprinting code 3701.881.
Note: At an undetermined future date, code 3701.881 will become obsolete and will be replaced by new fingerprinting code 3740.11. Until this change is approved, ODA will accept criminal record checks under 3701.881.
Providers of central monitoring stations or subcontracted employees must follow the Ohio background check requirements.
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.
