West Virginia Code 16-49-7 – Clearance for subsequent employment
(a) An applicant is not required to submit to fingerprinting and a criminal background check if:
Terms Used In West Virginia Code 16-49-7
- Applicant: means an individual who is being considered for employment or engagement with the department, a covered provider or covered contractor. See West Virginia Code 16-49-1
- Background check: means a prescreening of registries specified by the secretary by rule and a fingerprint-based search of state and federal criminal history record information. See West Virginia Code 16-49-1
- Bureau: means a division within the Department of Health and Human Resources. See West Virginia Code 16-49-1
- Covered contractor: means an individual or entity, including their employees and subcontractors, that contracts with a covered provider to perform services that include any direct access services. See West Virginia Code 16-49-1
- Covered provider: means the following facilities or providers:
(i) A skilled nursing facility. See West Virginia Code 16-49-1
- Direct access: means physical contact with a resident, member, beneficiary, or client, or access to their property, personally identifiable information, protected health information, or financial information. See West Virginia Code 16-49-1
- Disqualifying offense: means :
(A) A conviction of any crime described in 42 U. See West Virginia Code 16-49-1
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Rap back: means the notification to the department when an individual who has undergone a fingerprint-based, state or federal criminal history record information check has a subsequent state or federal criminal history event. See West Virginia Code 16-49-1
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources, or his or her designee. See West Virginia Code 16-49-1
(1) The individual previously submitted to fingerprinting and a full criminal background check as required by this article;
(2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior approval from the secretary to work for or with the same type of covered provider or covered contractor; and
(3) The Rap Back Program has not identified any criminal activity that constitutes a disqualifying offense.
(b) The secretary shall provide notice of prior clearance for direct access status upon request by a subsequent bureau, covered provider, or covered contractor inquiries.