Good Cause Waiver

Section 660.317, RSMo, requires regulated health care employers, such as a long-term care facility, hospital, home health agency, in-home service provider under contract with the Department of Health and Senior Services, hospice, or adult day care provider to obtain background screenings prior to hiring an employee.  For in-home services providers and home health agencies, this includes checking the Family Care Safety Registry (FCSR) (Sections 210.900 – 210.936, RSMo.).  The statute states that an individual with a certain type of finding identified in their background screening cannot be hired by these employers.  However, in certain circumstances, the individual has the right to apply for a Good Cause Waiver (GCW).  If granted, would not correct or remove the finding, but would allow them to be employed on a conditional basis. 
Conditional employment may be considered under the following circumstances:
1. An individual who has committed a crime against persons and is, therefore, disqualified from employment in a regulated nursing home, hospital, adult day care, or hospice.
2. A regulated home health agency or in-home service provider under contract with the Department of Health and Senior Services cannot employ an individual who has a finding reported by the FCSR.  Findings reported by the FCSR include substantiated child abuse/neglect findings, open criminal records, placement on the Department of Health and Senior Services’ Employee Disqualification List (EDL), placement on the Department of Mental Health’s Employee Disqualification Registry, or denial/revocation/suspension of a foster parent license.

NOTE: An individual who has been placed on the Department of Health and Senior Services’ EDL is not eligible to receive a GCW.  In addition, they are automatically disqualified from working in a long-term care facility.   

NOTICE Effective September 1, 2008, the Good Cause Waiver program will no longer accept applications submitted without required documentation.  All incomplete applications and any supporting documents will be returned to the applicant along with a notice stating the reason why the application is being returned.  The Good Cause Waiver program will not retain any incomplete applications.  Because the case will not be opened, the applicant will not be eligible for conditional employment until a complete application is received.  A complete application will consist of:  A signed, complete Good Cause Waiver application form, a detailed description of each disqualifying offense, a sponsor or reference letter(s), and a copy of the child abuse/neglect investigation report for each reported incident  (if applicable).