Louisiana Department of Health and Hospitals Exclusion Search:

These requirements are identified in the Provider Enrollment Agreements, cited as Louisiana Revised Statute 46:437, referenced in the Louisiana Administrative Code (LAC) Title 50 and the Code of Federal Regulations 42 CFR § 455.436.

As a condition of participation in the Louisiana Medicaid Program,providers are responsible for ensuring current and potential employees,contractors and other agents and affiliates have not been excluded from participation in the Medicaid, or Medicare Program by Louisiana Medicaid, or the Department of Health and Human Services’ Office of Inspector General. Providers who employ or contract with excluded individuals or entities may be subject to penalties of $10,000 for each item or services the excluded individual or entity furnished.

Providers have been instructed to check:

  1. U.S. Department of Health and Human Services’ Office of Inspector General Exclusion List
  • System for Award Management (SAM) Exclusion List
  • Louisiana Department of Health and Hospitals Adverse Action / Direct Service Worker Registry List
  • Nurse Aide Registry

for any exclusion imposed at the federal or State level upon hire and monthly thereafter for employees and/or subcontractors that perform services that are compensated with Medicaid/Medicare funds. Providers that employee Certified Nursing Assistants (CNA) and Direct Service Workers (DSW) are required to check these registries upon hire and every six months thereafter.

If an individual’s or entity’s name appears on the exclusion list,this person or entity is considered excluded and is barred from working with Medicare and/or the Louisiana Medicaid Program in any capacity. If the exclusion is learned prior to employment the provider should not employ the person or entity. If the provider learns of the exclusion after hiring the provider must notify the Department of Health and Hospitals within ten working days of discovering the exclusion.

These findings should be reported to:

DHH.Medicaid.State.Exclusion@la.gov or

Department of Health and Hospitals

Program Integrity

P.O. Box 91030

Baton Rouge, LA 70821-9030

Criminal Convictions that Bar Employment

State Legislature Post: Public Health and Safety RS 40:1203.3

July 3, 2019: Act 393 amendment to LA R.S. 401203.3

The Department of Public Safety and Corrections or authorized agency will provide to the employer the information as is necessary,including:

  1. If the applicant was arrested for, or convicted of, or pled nolo contendere to any crime or crimes;
  2. The crime or crimes for which the individual has been arrested or convicted or to which the individual has pled nolo contendere;
  3. The date or dates on which the crime or crimes occurred

A. Except as otherwise provided in R.S. 40:1203.2(C), no employer shall hire any licensed ambulance personnel or nonlicensed person when the results of a criminal history check reveal that the licensed ambulance personnel or nonlicensed person has been convicted of any of the following offenses:

It is the responsibility of all employers that employ non-licensed persons or ambulance personnel to know which convictions bar employment. Louisiana Revised Statute 40: 1203 .3 covers criminal convictions that bar an employer from hiring a non-licensed person or ambulance personnel.  The Louisiana Department of Health provided list of the specific charges which are considered “disqualifying offenses” includes:

(1) Revised Statutes – Paragraph 1

If a prospective health worker will be working with clients under the age of 21, these charges also apply:

  • aggravated kidnapping of a child LA RS 14.44.2
  • misdemeanor carnal knowledge of a juvenile LA RS 14.80.1
  • molestation of a juvenile or a person with mental or physical disability LA RS 14.81.2
  • cruelty to juveniles LA RS 14:93
  • Distribution or possession with the intent to distribute controlled dangerous substances as listed in Schedules I through V of the Uniform Controlled Dangerous Substances Act.

(2) An attempt or conspiracy to commit any of the offenses listed in Paragraph (1) of this Subsection.

(3) The felony offense involving theft, pursuant to R.S. 14:67, or theft of assets of an aged person or person with a disability, pursuant to R.S. 14:67.21 in excess of five hundred dollars or in any case in which the offender has been previously convicted of theft, pursuant to R.S. 14:67, or theft of assets of an aged person or person with a disability, pursuant to R.S. 14:67.21, regardless of the value of the instant theft.

 (4) An attempt or conspiracy to commit an offense listed in Paragraph (3) of this Subsection.

            B. Additionally, except as otherwise provided in R.S. 40:1203.2(C), no employer who provides care or services to any person under the age of twenty-one shall hire any licensed ambulance personnel or nonlicensed person when the results of the criminal history check reveal that the licensed ambulance personnel or nonlicensed person has been convicted of any of the following offenses:

            (1) R.S. 14:44.2, 80, 81.2, or 93.

            (2) An attempt or conspiracy to commit any of the offenses listed in Paragraph (1) of this Subsection.

            C.(1) If the results of a criminal history check reveal that a nonlicensed person or any licensed ambulance personnel hired on a temporary basis or any other person who is an employee has been convicted of any of the offenses listed in Subsection A or B of this Section, the employer shall immediately terminate the person’s employment.

            (2) The provisions of this Section shall not apply to a nonlicensed person or licensed ambulance personnel who was working under a waiver granted under the law in effect prior to August 15, 2010, so long as that person continues to be employed for the employer who granted the waiver and the person began employment for the employer prior to August 15, 2010, or a person who has received a pardon of the conviction or has had his conviction expunged.

Theft – Additional Guidance

Under the law, convictions of theft may be deemed a felony or a misdemeanor depending upon the value placed on the funds, assets or property stolen. The criminal back ground check may show a conviction at R.S. 14:67 or R.S. 14:67.21 but not specify whether the conviction was a felony or misdemeanor. A felony conviction of theft would bar employment while a single conviction of misdemeanor theft would not. It is incumbent upon the employer to do their due diligence to assure that they follow through to determine what the conviction of theft was for prior to making an offer of employment.
Employment would be barred for any of the following:

(1) One conviction of felony theft.
(2) One conviction of theft of assets of an aged person or a person with a disability over $500.
(3) Any previous conviction of theft that is not a felony.

This means that if an individual already has a conviction of theft of any amount such as a misdemeanor on their record and they are convicted a second time for theft regardless of the amount, they would be barred from employment. If a criminal back ground check shows a conviction at R.S. 14:67 or R.S. 14:67.21 and it is unclear what the conviction is for, the employer must determine if the conviction for theft would be one that would bar employment. Ask the person applying for employment to produce additional evidence regarding the conviction.
The addition of criminal convictions of theft that bar employment was signed into law effective June 4, 2014. The law is applicable to all unlicensed persons or ambulance personnel applying for employment on or after June 4, 2014. Employees with a conviction of theft on their record who were working for an employer prior to June 4, 2014 can continue to work for that employer however, if they seek employment with another employer, the new employer would be restricted from hiring them.

Care should be taken before hiring anyone with a criminal record, even if the crime is not listed above. Although Louisiana law does not require that a person be terminated or denied employment for crimes not listed above, caution should be taken in deciding to hire any person with a criminal record with the safety of the residents as the foremost consideration.

Louisiana Law Revised Statute TITLE 40 – Public Health and Safety

State Legislature Post: LA Rev Stat § 40:1203.2 (2018)

§1203.2. Employment of nonlicensed persons and licensed ambulance personnel; mandatory criminal history and security checks; temporary employment; notice to applicants

            A.(1) Except as otherwise provided in Subsection C of this Section, prior to any employer making an offer to employ or to contract with a nonlicensed person or any licensed ambulance personnel to provide nursing care, health-related services, medic services, or supportive assistance to any individual, the employer shall request that a criminal history and security check be conducted on the nonlicensed person or any licensed ambulance personnel pursuant to the provisions of this Section. If the employer is a facility, home, or institution which is part of a larger complex of buildings, the requirement of a criminal history and security check shall apply only to an offer of employment or contract made to a nonlicensed person or any licensed ambulance personnel who will work primarily in the immediate boundaries of the facility, home, or institution.

            (2) Except as otherwise specified in Paragraph (D)(1) of this Section, an employer may obtain the criminal history record maintained by the office of state police of a nonlicensed person or any licensed ambulance personnel offering to provide nursing care, health-related services, or supportive services to any individual.

            B.(1) The employer shall request in writing that the office or authorized agency conduct a criminal history and security check on the non-licensed person or any licensed ambulance personnel and shall provide the office or authorized agency with any relevant information required by the office or authorized agency to conduct the check. The employer may request that the criminal history and security check be performed using the fingerprints of the non-licensed person or any licensed ambulance personnel.

            (2) An employer or authorized agency shall pay a fee of twenty-six dollars to the office for a search of the office’s criminal history files on an applicant for employment.

            (3) The security check shall consist of the use of personal identifiers, such as name, social security number, date of birth, and driver’s license number, to search the national sex offender public registry. An authorized agency shall notify the office if a security check reveals that an applicant is listed in the national sex offender public registry.

            C.(1) An employer may make an offer of temporary employment to a non-licensed person or any licensed ambulance personnel pending the results of the criminal history and security check on the person. In such instances, the employer shall provide to the office or authorized agency the name and relevant information relating to the person within seventy-two hours after the date the person accepts temporary employment.

            (2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, any nurse’s aide offered temporary employment prior to the receipt of the results of the required criminal history and security check shall be under the direct supervision of a permanent employee or shall be in the presence of a member of the immediate family of the patient or of a care giver designated by the immediate family of the patient.

            (b) As used in this Paragraph, “member of the immediate family” means a child, parent, grandparent, sibling, uncle, aunt, nephew, or niece of the patient related by blood, marriage, or adoption.

            D.(1) The office or authorized agency shall provide to the employer only such information as is necessary to specify whether or not that person has been arrested for or convicted of or pled nolo contendere to any crime or crimes, the crime or crimes for which he has been arrested or convicted or to which he has pled nolo contendere, and the date or dates on which the crime or crimes occurred.

            (2) Within thirty days of receiving notification by the employer to conduct a criminal history and security check, the office or authorized agency shall complete the criminal history and security check and then report the results of the check to the requesting employer in writing.

            E.(1) An employer shall inform each applicant for employment or each prospective contract provider that the employer is required to obtain a criminal history record and perform a security check before such employer makes an offer of employment to, or contracts with, a non-licensed person or any licensed ambulance personnel. The employer shall obtain written permission from the applicant for the release of such information to the employer on a form that clearly notifies the applicant it is a crime to provide false information concerning a criminal history check to an employer.

            (2) Upon request of the employer, each applicant for employment may be fingerprinted and submit fingerprint samples to the Louisiana Bureau of Criminal Identification and Information pursuant to R.S. 15:587 to be used to obtain the criminal history record.

            F. Employers subject to the provisions of this Part shall only contract for staffing services provided by businesses who comply with the provisions of this Part. Businesses that provide contract staffing services to healthcare providers shall comply with the provisions of this Part. Such businesses shall send accompanying letters certifying that the contracted staff meet license or certification standards of their profession and have undergone and passed criminal background checks.

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