The Texas Health and Human Services Commission has issued Information Letter No. 2021-48, providing guidance on acceptable documentation for criminal history checks for various healthcare providers, including nursing homes and hospice providers. The letter clarifies that unlicensed contractors must follow the guidance in this information letter, while licensed contractors should continue to follow PL 2019-01. Contractors must conduct a criminal history check before offering a position to an unlicensed applicant, subcontractor, or volunteer. To demonstrate compliance, contractors must maintain a log or other documentation that includes all elements listed in Attachment 1. HHSC contract monitoring staff will not ask for criminal history reports but will require evidence of the date the checks were conducted. Unacceptable documentation may result in a deficiency citation. Contractors should contact LTSS_policy@hhs.texas.gov for any questions or concerns.

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