Frequently Asked Questions
What is the Good Cause Waiver?
What background screening findings disqualify
an individual from employment in section 660.317, RSMo?
What background screening findings are
not eligible to be waived?
As an employer, can I hire anyone who has
a disqualifying finding (identified in section 660.317, RSMo.) reported
in their background screening while awaiting the results of the
Good Cause Waiver application?
Who do I contact to determine whether an employee may work conditionally?
How do I apply for a Good Cause Waiver?
What information is required to be submitted
when applying for a Good Cause Waiver?
What information is taken into consideration
during the review of the Good Cause Waiver application?
What should I do if I can't get certified
court documents for my criminal offense(s)?
If a Good Cause Waiver application is denied,
can I reapply?
As an employer, how do I verify that a
Good Cause Waiver has been granted or is still valid?
What is the 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 (Sections 210.900 – 210.936,
RSMo.) This 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 that,
if granted, would allow them to be employed
What background screening findings
disqualify an individual from employment in section 660.317, RSMo?
The answer to this question depends upon the type of employer
and the type of background screening finding identified:
-
An individual who has committed a specific type of felony
conviction (crimes against persons) is disqualified from employment
in a regulated nursing home, hospital or hospice.
-
An individual who is identified on the Employee Disqualification
List maintained by the Department of Health and Senior Services
is disqualified from employment in a regulated nursing home,
hospital, home health agency, hospice, adult day care or by
an in-home service provider under contract with the Department
of Health and Senior Services.
-
An individual who has a finding reported by the Family Care
Safety Registry (FCSR) cannot be employed by a regulated home
health agency or in-home service provider under contract with
the Department of Health and Senior Services. Findings reported
by the FCSR include substantiated child abuse/neglect finding,
open criminal record, placement on the Department of Health
and Senior Services’ Employee Disqualification List, placement
on the Department of Mental Health’s Employee Disqualification
Registry, or denial/revocation/suspension of a foster parent
license.
What background screening findings
are not eligible to be waived?
The Employee Disqualification List (EDL) maintained by the Department
of Health and Senior Services. Individuals who have been placed
on the EDL must follow the provisions of Section 660.315.13, RSMo,
to have their placement on the EDL reviewed.
As an employer, can I hire anyone
who has a disqualifying finding (identified in section 660.317,
RSMo.) reported in their background screening while awaiting the
results of the Good Cause Waiver application?
Employers are responsible for ultimately making their own hiring/firing
decisions. However, employers may choose to retain an employee
hired prior to August 28, 2003 (the effective date of SB 556)
who has a disqualifying finding as long as the individual has
made an application for a good cause waiver. Any individual newly
hired on or after August 28, 2003 may be employed following submission
of a completed waiver application on a conditional basis to provide
in-home services or home health services to clients or patients
while they await the results of the waiver process if:
-
The applicant has never been convicted of, pled guilty to
or nolo contendere in this state or any other state and has
never been found guilty of a crime which if committed in Missouri
would be a class A or B felony violation of chapter 565, RSMo
(Offenses Against the Person); chapter 566, RSMo (Sexual Offenses),
or chapter 569, RSMo (Robbery, Arson, Burglary and Related
Offenses), or any violation of subsection 3 of section 198.070,
RSMo (required reporter that knowingly fails to report abuse
or neglect of a resident of a residential care, intermediate
care or skilled nursing facility) or section 568.020, RSMo
(Incest); and
-
The applicant is not listed on the Department of Health
and Senior Services Employee Disqualification List established
pursuant to section 660.315, RSMo.
If a good cause waiver is denied to an applicant employed
on or after August 28, 2003, on a conditional basis, the conditional
employment shall immediately terminate.
Who do I contact to determine whether an employee may work conditionally?
Employers must follow the rules and regulations issued to them by the agency that licenses or regulates them. Questions about conditional employment can be directed to the Department of Health and Senior Services licensing or quality assurance program staff assigned to work with the provider:
Consumer Directed Services: Please call 573-526-8546 or click here to proceed to the Consumer Directed Services website.
How do I apply for a Good Cause
Waiver?
Applications for a good cause waiver may be obtained by contacting
the Family Care Safety Registry, using the toll-free access line,
1-866-422-6872. The good cause waiver packet, including the waiver
application form, can be requested by writing the Good Cause Waiver
Program, Missouri Department of Health and Senior Services, PO
Box 570, Jefferson City, MO 65102, or may be downloaded from the
internet at www.dhss.state.mo.us/goodcausewaiver.
What information is required
to be submitted when applying for a Good Cause Waiver?
A completed Application for Good Cause Waiver form, MO 886-3654
(9-03). The form can be downloaded from the internet at
www.dhss.state.mo.us/goodcausewaiver.
-
If the disqualifying finding is criminal history, attach
criminal history record from the Family Care Safety Registry
or the Missouri State Highway Patrol and certified court document
for each disqualifying offense. (If a certified court document
is not obtainable, a written and signed statement from the
court indicating that no such record exists must be submitted.)
-
If the disqualifying finding is substantiated child abuse/neglect
or foster parent denial/revocation/suspension, attach certified
investigation report from the Department of Social Services.
-
If the disqualifying finding is due to inclusion on other
background check lists in the Family Care Safety Registry,
attach a certified investigative report or other documentation
of the incident(s) that resulted in inclusion on the list.
-
One sponsorship letter from a current or potential employer,
training agency or school. (If you are not able to obtain
a sponsor, indicate that fact, identify any potential sponsors
that you approached, and submit as a substitute 3 reference
letters from persons knowledgeable of your character and employment
history who are not related to or residing with you.)
-
Your written description of the events that took place that
resulted in each disqualifying offense or incident. Include
what happened, how it happened, why it happened, when and
where it happened, and any person present at the time.
-
Your written explanation describing why you feel you do
not pose a threat or risk to the health, safety or welfare
of residents, clients or patients.
-
Copies of any professional, occupational or vocational licenses,
certifications or registrations issued in Missouri or any
other state. If you have ever been refused a license, certificate,
or registration by any public or governmental licensing board,
agency or regulatory authority, attach certified copies of
the denial documents. If any license, certification or registration
you hold has ever been revoked, suspended or otherwise subjected
to any type of disciplinary action, attach certified copies
of the revocation, suspension, or disciplinary documents.
-
If you have any pending felony or misdemeanor charges, include
a statement explaining the circumstances and certified copies
of the charging documents for all pending criminal charges.
-
If you have any allegations of child abuse, neglect or endangerment
pending against you or any pending circumstances that might
result in the denial, revocation, or involuntary suspension
of a foster parent license or in your inclusion on the Department
of Mental Health Employee Disqualification list, include a
statement explaining the circumstances.
What information is taken into
consideration during the review of the Good Cause Waiver application?
-
A professional panel will review the information submitted
and will base a decision on:
-
The applicant’s age at the time the crime was committed
or at the time the incident occurred that resulted in the
applicant being listed on the background check lists in the
Family Care Safety Registry;
-
The circumstances surrounding the crime or surrounding the
incident that resulted in the applicant being listed on the
background check lists in the Family Care Safety Registry;
-
The length of time since the conviction or since the occurrence
of the incident that resulted in the applicant being listed
on the background check lists in the Family Care Safety Registry;
-
The length of time since the applicant completed his or
her sentence for the disqualifying conviction(s), whether
or not the applicant was confined, conditionally released,
on parole or probation;
-
The applicant’s entire criminal history and history of all
incidents that resulted in the applicant being listed on the
background check lists in the Family Care Safety Registry,
including whether that history shows a repetitive pattern
of offenses or incidents;
-
The applicant’s prior work history;
-
Whether the applicant had been employed in good standing
by a provider but subsequently became ineligible for employment
due to the hiring restrictions in section 660.317, RSMo;
-
Whether the applicant has been convicted or found guilty
of, or pled guilty or nolo contendere to any offense displaying
extreme brutality or disregard for human welfare or safety;
-
Whether the applicant has omitted a material fact or misrepresented
a material fact pertaining to his or her criminal or employment
history or to his or her history of incidents that resulted
in his or her being listed on the background check lists in
the Family Care Safety Registry;
-
Whether the applicant has ever been listed on the Employee
Disqualification List maintained by the department as provided
in section 660.315, RSMo;
-
Whether the applicant’s criminal offenses were committed,
or the incidents that resulted in the applicant being listed
on the background check lists in the Family Care Safety Registry
occurred, during the time he or she was acting as a provider
or as an employee for a provider;
-
Whether the applicant has, while disqualified from employment
by a provider, obtained employment by fraud, deceit, deception
or misrepresentation, including misrepresentation of his or
her identity;
-
Whether the applicant has ever had a professional or occupational
license, certification, or registration revoked, suspended,
or otherwise disciplined;
-
Any other information relevant to the applicant’s employment
background or past actions indicating whether he or she would
pose a risk to the health, safety or welfare of residents,
patients or clients; and
-
Whether the applicant has supplied all information requested
by the department.
-
If, at the time of an application for a waiver, or during
the waiver consideration process, the applicant has been charged
or indicted for, but not convicted of, any of the crimes covered
under the provisions of section 660.317, RSMo, the department
will hold the request for waiver in abeyance while such charges
are pending or until a court of competent jurisdiction enters
a judgment or order disposing of the matter.
What should I do if I can’t
get certified court documents for my criminal offense(s)?
Occasionally situations arise in which a court is unable to
provide certified court documents. When this occurs, provide the
court with the form, Good Cause Waiver – Unavailable Court Documents
form MO580-2684 (11/03). This form can be downloaded from the
internet at
www.dhss.state.mo.us/goodcausewaiver. The applicant must complete
Section A of the form and the court must complete Sections B,
C. and D. The court must provide a written explanation for each
document that is unavailable. The form must be signed by a court
official. The applicant must submit the completed form along with
the Application for Good Cause Waiver form and all other required
documents.
If a Good Cause Waiver application
is denied, can I reapply?
Yes, you may reapply one year from the date of the denial.
As an employer, how do I verify
that a Good Cause Waiver has been granted or is still valid?
If an individual being considered for employment reveals the
existence of a Good Cause Waiver or reveals the existence of an
otherwise disqualifying circumstance, it is the employer’s responsibility
to verify whether a Good Cause Waiver was granted and if the waiver
is still valid. The employer should call the Family Care Safety
Registry toll-free access line at 1-866-422-6872 and ask to have
a Good Cause Waiver verified. The employer will need to provide
the individual’s full name, social security number, and date of
birth in order to obtain verification of the waiver. The request
for a Good Cause Waiver verification can also be faxed to the
Family Care Safety Registry at 573-522-6981. Verbal verification
with be provided over the telephone and follow-up written verification
can either be mailed or faxed to you.
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