68-11-256 - Criminal background checks on direct care employees of nursing homes. - Tennessee Statutes

68-11-256. Criminal background checks on direct care employees of nursing homes.

(a)  All nursing homes, as defined in § 68-11-201, shall have a criminal background check completed prior to employing any person who will be in a position that involves providing direct care to a resident or patient.

(b)  Any person who applies for employment in a position that involves providing direct care to a resident or patient in such a facility shall consent to any or all of the following:

     (1)  Provide past work and personal references to be checked by the nursing home;

     (2)  Agree to the release and use of any and all information and investigative records necessary for the purpose of verifying whether the individual has been convicted of a criminal offense in the state of Tennessee, to either the nursing home or its agent, or to any agency that contracts with the state of Tennessee, or to any law enforcement agency, or to any other legally authorized entity;

     (3)  Supply a fingerprint sample and submit to a state criminal history records check to be conducted by the Tennessee bureau of investigation, or a state and federal criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation or;

     (4)  Release any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry.

(c)  A nursing home shall not disclose criminal background check information obtained under subsection (b) to a person who is not involved in evaluating a person's employment, except as required or permitted by state or federal law.

(d)  Any costs incurred by the Tennessee bureau of investigation, professional background screening organization, law enforcement agency, or other legally authorized entity, in conducting the investigations of applicants may be paid by the nursing home, or any agency that contracts with the state of Tennessee requesting the investigation and information, or the individual who seeks employment or is employed. Payments of the costs to the Tennessee bureau of investigation are to be made in accordance with the provisions of §§ 38-6-103 and 38-6-109. The costs of conducting criminal background checks shall be an allowable cost under the state medicaid program, if paid for by the nursing home.

(e)  The provisions of this section shall also apply to any company, organization, or agency that provides or arranges for the supply of direct care staff to any nursing home licensed in the state of Tennessee. The company, organization, or agency shall be responsible for initiating a criminal background check on any person hired by that entity for the purposes of working in a nursing home, and shall be required to report the results of the criminal background check to any facility in which the organization arranges for that individual to work, upon such a request by a facility.

(f)  A nursing home that declines to employ or terminates a person based upon criminal background information provided to the facility under this section shall be immune from suit by or on behalf of that person for the termination of or the refusal to employ that person.

[Acts 2003, ch. 301, § 1; 2009, ch. 384, § 1.]