Caregiver Background Checks. A. The Agency and the Contractor agree that the protection of the clients served under this contract is paramount to the intent of this contract. In order to protect the clients served, the Contractor shall comply with the provisions of Wis.Administrative Code. DHS12 (online at xxxx://xxxx.xxxxx.xxxxxxxxx.xxx/code/admin_code/dhs/001/12) B. The Contractor shall conduct caregiver background checks at its own expense of all employees assigned to do work for the Agency under this contract if such employee has actual, direct contact with the clients of the Agency or otherwise required by law. The Contractor shall retain in its personnel files all pertinent information, to include a Background Information Disclosure Form and/or search results from the Department of Justice, the Department of Health Services, and the Department of Safety and Professional Services, as well as out of state records, tribal court proceedings and military records, if applicable. After the initial background check, the Contractor must conduct a new caregiver background search every four years, or at any time within that period when the Contractor has reason to believe a new check should be obtained. C. The Contractor shall maintain the results of background checks on its own premises for at least the duration of the contract. The Agency may audit the Contractor’s personnel files to assure compliance with the State of Wisconsin Caregiver Program Manual (online at xxx.xxx.xxxxxxxxx.xxx/xxxxxxxxx/xxxxxxxxxxxx/XxxxXxxxXxx.xxx. D. The Contractor shall not assign any individual to conduct work under this contract who does not meet the requirement of this law. E. The Contractor shall notify the Agency in writing and via registered mail within one (1) business day upon the occurrence of any event listed in Wis. Admin. Code DHS 12.07(2). (online at xxxx://xxxx.xxxxx.xxxxxxxxx.xxx/code/admin_code/dhs/001/12)

Caregiver Background Checks. Providers will comply with all applicable standards and/or regulations related to caregiver background checks and comply with Appendix H from Inclusa Subcontract Agreement.

Caregiver Background Checks. The University shall conduct a caregiver background check in accordance with the Caregiver Background Check statutes (Wis. Stat. §§ 48.685 and 50.065) and regulations (Wis. Admin. Code ch. DHS 12) for the University’s students who have or are expected to have regular, direct contact with Facility’s clients.

Caregiver Background Checks. Provider shall be required to perform a Caregiver Background Check for all “caregivers” as defined in HFS 12, Wis. Admin. Code, who are employed by or under contract with the Provider and provide services under this Contract and who have access to the Purchaser’s clients. The Provider may not hire, employ or contract with a person who will be under the Provider’s control and who is expected to have access to Purchaser’s clients, if the Provider knows or should have known any information about the person as described under HFS 12.07(1). Provider shall obtain, maintain and make available for inspection by persons authorized by the Purchaser all of the background information required under HFS 12 with respect to a person who is an employee, prospective employee, contractor or prospective contractor of the entity and who has or is expected to have access to the Purchaser’s clients. After the initial background check at the time of employment, licensure or contracting, the Provider must conduct a new Caregiver Background Check every four (4) years, or at any time within that period if the Provider has reason to believe a new check should be obtained. Provider is required to notify the Purchaser as soon as possible, but no later than the Purchaser’s next business day, when Provider’s employed staff or contracted persons or persons residing at the entity have been charged with or have been convicted of any crime or have been or are being investigated by any governmental agency for any act or offense specified in HFS 12.07(2).

Caregiver Background Checks. The IHCP shall comply with Wis. Admin. Code Chapters DHS 12 and 13 related to caregiver background and other checks, including: The IHCP shall establish and implement a policy consistent with Wis. Admin. Code Chapters DHS 12 and 13 to appropriately respond to an IHCP employee who is paid to provide services to a member when the employee has a caregiver conviction that is substantially related to the care of a member;

Caregiver Background Checks. The Indian Health Care Provider (IHCP) shall comply with Wis. Admin. Code Chapters DHS 12 and 13 related to caregiver background and other checks, including: a. The Indian Health Care Provider (IHCP) shall establish and implement a policy consistent with Wis. Admin. Code Chapters DHS 12 and 13 to appropriately respond to an Indian Health Care Provider (IHCP) employee who is paid to provide services to a member when the employee has a caregiver conviction that is substantially related to the care of a member; b. The Indian Health Care Provider (IHCP) shall perform, or require providers to perform, background checks on caregivers in compliance with Wis. Stat. § 50.065 and Wis. Admin. Code Chapter DHS 12; c. The Indian Health Care Provider (IHCP) shall ensure that subcontractors perform background checks on caregivers in compliance with Wis. Stat. § 50.065 and Wis. Admin. Code Chapter DHS 12; d. The Indian Health Care Provider (IHCP) maintains the ability to not pay or contract with any provider if the Indian Health Care Provider (IHCP) deems it is unsafe based on the findings of past criminal convictions stated in the caregiver background check. The Indian Health Care Provider (IHCP) shall require co-employment agencies and fiscal employer agents to perform background checks that are substantially similar to the background checks required under Wis. Stat. § 50.065 and Wis. Admin. Code Chapter DHS 12 on individuals providing services to self-directing members who have, or are expected to have, regular, direct contact with the member. Regular contact means scheduled, planned, expected or otherwise periodic contact. Direct means face-to-face physical proximity to a member that may afford the opportunity to commit abuse or neglect or misappropriate property. The Indian Health Care Provider (IHCP) shall take all appropriate steps the Indian Health Care Provider (IHCP) deems necessary to assure the health and safety of the member.

Caregiver Background Checks. The MCO shall comply with Wis. Admin. Code §§ DHS 12 and 13 related to caregiver background and other checks, including: a. The MCO shall establish and implement a policy consistent with Wis. Admin. Code §§ DHS 12 and 13 to appropriately respond to an MCO employee who is paid to provide services to a member when the employee has a caregiver conviction that is substantially related to the care of a member; b. The MCO shall perform, or require providers to perform, background checks on caregivers in compliance with Wis. Stat. § 50.065 and Wis. Admin. Code § DHS 12; c. The MCO shall ensure that subcontractors perform background checks on caregivers in compliance with Wis. Stat. § 50.065 and Wis. Admin. Code § DHS 12; d. The MCO maintains the ability to not pay or contract with any provider if the MCO deems it is unsafe based on the findings of past criminal convictions stated in the caregiver background check. The MCO shall take all appropriate steps the MCO deems necessary to assure the health and safety of the MCO’s members.

Caregiver Background Checks. The Purchaser and the Provider agree that the protection of the clients served under this contract is paramount to the intent of this contract. In order to protect the clients’ services, the Provider shall comply with the provisions of DHS 12, Wis. Admin. Code (online address at xxxx://xxxx.xxxxx.xxxxxxxxx.xxx/code/admin_code/dhs/001/12.pdf or xxxx://xxxx.xxxxx.xxxxxxxxx.xxx/code/admin_code/dcf/001_020/12.pdf). Under this Article, “caregiver background checks” include those mandated by Wis. Stat. § 48.685(2), which require a criminal history search from the records maintained by the Department of Justice, a check of information contained within the registry under Wis. Stat. § 146.40(4g) regarding findings that a person neglected or abused a client or misappropriated the client’s property, a review of information maintained by the Department of Safety and Professional Services regarding the status of the person’s credentials, a check of information maintained by the Department of Children and Families regarding a determination that the person abused or neglected a child, and a review of information maintained by the Department of Health Services regarding denial of a license to a person.

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