Good Cause Waiver

Section 660.317, RSMo, requires regulated health care employers, such as long-term care facilities, hospitals, home health agencies, in-home service and consumer directed service vendor providers under contract with the Department of Health and Senior Services, hospices, or adult day care providers to obtain background screenings prior to hiring an employee. For in-home services, consumer directed service vendor 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 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. These circumstances include.

• An individual who has committed a specific type of felony conviction (crimes against persons) is disqualified from employment in a regulated nursing home, hospital, adult day care or hospice.
• An individual who has a finding reported by the Family Care Safety Registry (FCSR) cannot be employed by a regulated home health agency, in-home service provider or consumer directed service vendor under contract with the Department of Health and Senior Services.
• An individual who has been placed on the Department of Health and Senior Services’ Employee Disqualification List (EDL), however, is not eligible to receive a Good Cause Waiver. Such persons must follow the provisions of Section 660.315.13, RSMo, to have their placement on the EDL reviewed.