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) that, 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.