Caregiver Background Check Law - Wisconsin

OCTOBER 1, 1999 DEADLINE FOR CAREGIVER
BACKGROUND CHECKS ON EMPLOYEES STILL IN EFFECT

The Caregiver Background Check Law became effective October 1, 1998. Under the law, caregiver entities regulated under Chapter 48 or 50 of Wisconsin Statutes, such as nursing homes, hospitals, family daycare centers or child caring institutions, must perform background checks for all new employees. Additionally, the law contains an October 1, 1999 deadline for background checks on employees hired by the entity prior to October 1, 1998.

Despite attempts to change this October 1, 1999 deadline for current employees, the deadline still stands. Thus, covered entities are required to have completed background checks on current employees by October 1, 1999. If the background check reveals a conviction for a crime that is listed as a permanent bar on the Department of Health and Family Services crimes table, the employee must be terminated. If the employee has a conviction for a crime that is listed as a "bar with rehab" on the crimes table, the employee must have submitted an application for a Rehabilitation Review before October 1, 1999 in order to continue his or her employment during the review process. Any background check done on a current employee prior to October 1, 1998 does not constitute a background check under the law. Employers should also realize that background checks must be done every four (4) years after the initial check or at any time within that period if the employer has reason to believe a new check should be obtained.

Employers should note that the Department of Health and Family Services issued an amended crimes table on September 16, 1999. This crimes table, and no previous version of it, should be followed.

Posted 10/7/99

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Below is a previous article written by a WP&S attorney in October 1998:

Caregiver Background Check Law goes into Effect October 1, 1998

Caregiver entities regulated under Chapter 48 or 50 of Wisconsin Statutes, such as nursing homes, hospitals, family day care centers, or child caring institutions, must perform background checks for all new employees who provide care for others or have access to people who receive care.  A background check under this law requires:

• A completed Background Information Disclosure form by the applicant;
• An electronic status check of professional licenses and credentials through the Department of Regulation and Licensing;
• An electronic criminal history search from the Wisconsin Department of Justice; and
• An electronic review of records kept by the Department of Health and Family Services for any substantiated finding of abuse or neglect and license restrictions or denials.

Based on the information received, additional research may include an out-of-state criminal history search, tribal court criminal history search, check of relevant military records and a check of county or other records.

Once the background check is complete, employers must deny employment to employees convicted of or with pending charges for certain crimes such as first or second degree intentional homicide;  first, second or third degree sexual assault; kidnapping; arson; or child abuse.  The new law specifically lists the crimes which automatically bar individuals from employment.  However, upon a showing of rehabilitation to a Rehabilitation Review Panel, an individual may have a bar removed.   In addition, other crimes may act as a bar to employment if they substantially relate to the position sought by the employee.

While the law goes into effect for new hires beginning on October 1, 1998, employers are given a one-year grace period in which to perform background checks of current employees.  By October 1, 1999 the background checks on all existing employees must be completed by the employer.