048-45 Wyo. Code R. §§ 45-14 - Background Check Requirements

(a) All persons providing waiver services including: managers, supervisors, direct care staff, participant employees hired through self-direction, and any other person who may have unsupervised access to participants shall complete and pass a background screening as referenced in this Section. Persons who do not successfully pass a background screening shall not supervise, provide, or bill for waiver services, or otherwise have unsupervised access to participants on behalf of a provider.

(b) Certified providers, their employees, and all legal entities supervising, providing, or billing for waiver services shall also pass and maintain documentation of successful Department of Family Services Central Registry screening and an Office of Inspector General Exclusion Database screening. Entities that do not successfully pass these screenings shall be denied certification or terminated.

(c) Any provider or participant who employs an individual or entity to supervise, provide, or bill for waiver services who has not completed all required background checks may be subject to sanctions under these rules.

(d) Providers and self-direction employees shall show evidence of current background screenings for all required persons as part of the provider or employee's certification renewal.

(e) A successful background screening shall include:

(i) A Wyoming Department of Family Services Central Registry Screening, which shows that the individual is not listed on the Central Registry.

(ii) A United States Department of Health and Human Services, Office of Inspector General's Exclusions Database search result, which shows that the individual or entity is not currently excluded.

(iii) A state and national fingerprinted criminal history record check which shows that the individual has not been convicted, plead guilty, no contest to, or does not have a pending deferred prosecution for:

(A) An Offense Against the Person, including:

(I) Homicide (W.S. 6-2-101 );

(II) Kidnapping (W.S. W.S. 6-2-201 );

(III) Sexual assault (W.S. W.S. 6-2-301 );

(IV) Robbery and blackmail (W.S. 6-2-401 );

(V) Assault and battery (W.S. 6-2-501 );

(VI) Human trafficking (W.S. 6-2-701 ); and

(VII) Similar laws of any other state or the United States relating to these crimes.

(B) An Offense Against Morals, Decency and Family including:

(I) Bigamy (W.S. 6-4-401 );

(II) Incest (W.S. 6-4-402 );

(III) Abandoning or endangering children (W.S. W.S. 6-4-403 );

(IV) Violation of order of protection (W.S. 6-4-404 );

(V) Endangering children; controlled substances (W.S. 6-4-405 ); and

(VI) Similar laws of any other state or the United States relating to these crimes.

(f) At the discretion of the provider or employer of record, an individual staff member may provide unsupervised services on a provisional basis to a participant who is eighteen (18) years or older following the submission of the background screening, as long as disqualifying crimes or relevant criminal records are not disclosed on the application, until the individual staff member is cleared through successful background screenings.

(g) Persons who do not successfully pass the criminal history screenings listed in subsection (e) of this Section shall not be left unsupervised in the vicinity of any participant, except as provided by subsection (f) of this Section.

(h) Notwithstanding subsection (f) of this Section, staff shall not provide any services to participants ages seventeen (17) or younger until all successful background screenings listed in subsection (e) of this Section have come back with no findings.

(i) Each individual eighteen (18) years of age or older who is living in a provider's home where services are provided, or staying in the home for a period longer than one (1) month, shall pass a background check as listed in subsection (e) of this Section. An Office of Inspector General check is not required.

(i) Waiver participants receiving services in this location are not required to complete a background screening.

(ii) Providers shall not employ or permit individuals registered as a sexual offender to stay in the home. This requirement does not apply to waiver participants.

(j) If a criminal history screening does not include a disposition of a charge, or if an individual is charged with an offense listed in subsection (e)(iii) of this Section, the individual shall not have any unsupervised access or provide billable services to participants until the provider is able to provide proof of a successful background check.

(k) Volunteers and individuals under the age of eighteen (18) shall be under the direct supervision of an adult who has passed a background check. Individuals convicted of a sexual offense are not permitted as volunteers.

(l) Background screenings shall not be transferred from one provider entity to another.

(m) The background screening notification shall not be altered in any manner, including the crossing out of names or use of whiteout. If altered, the screening notification shall be determined null and void.

(n) The Division shall require subsequent background screenings as outlined in this subsection. Any person who fails to pass a subsequent background screening shall not supervise, provide, or bill for waiver services.

(i) Any individual required to receive a background screening under this Section shall undergo subsequent background screenings every five (5) years.

(ii) Providers and any person with an ownership or control interest or who is an agent or managing employee of the provider shall undergo subsequent monthly Office of Inspector General Database screenings.

(o) The Division may request a background screening at the Division's expense as part of an investigation.

Notes

048-45 Wyo. Code R. §§ 45-14

Amended, Eff. 6/21/2017. Amended, Eff. 7/26/2018. Amended, Eff. 12/20/2019.