Nursing homes and other healthcare facilities must not hire or engage individuals who have been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law, have a finding in the State nurse aide registry, or have a disciplinary action in effect against their professional license due to findings of abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property. Facilities must also report to the State nurse aide registry or licensing authorities any knowledge they have of actions by a court of law against an employee that indicates unfitness for service as a nurse aide or other facility staff. To ensure compliance, facilities must conduct thorough investigations of the histories of prospective staff, check information from previous and current employers, and make reasonable efforts to uncover information about any past criminal prosecutions. Additionally, facilities must report nurse aides found guilty of neglect, abuse, mistreatment, misappropriation of property, or exploitation by a court of law, to the State nurse aide registry, and licensed staff members to their licensing board. This letter will impact nursing homes and healthcare facilities by requiring them to take additional steps to ensure they are not hiring or engaging individuals who have been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment, and to report any knowledge they have of actions by a court of law against an employee that indicates unfitness for service.

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