West Virginia Code 16-49-2 – Background check program for the department, covered providers, and covered contractors
(a) The secretary shall create and implement a background check program to facilitate the processing and analysis of the criminal history and background of applicants to the department, covered providers, and covered contractors with direct access. This program shall be called the West Virginia Clearance for Access: Registry and Employment Screening.
Terms Used In West Virginia Code 16-49-2
- Background check: means a prescreening of registries specified by the secretary by rule and a fingerprint-based search of state and federal criminal history record information. See West Virginia Code 16-49-1
- Bureau: means a division within the Department of Health and Human Resources. See West Virginia Code 16-49-1
- Covered contractor: means an individual or entity, including their employees and subcontractors, that contracts with a covered provider to perform services that include any direct access services. See West Virginia Code 16-49-1
- Covered provider: means the following facilities or providers:
(i) A skilled nursing facility. See West Virginia Code 16-49-1
- Department: means the Department of Health and Human Resources. See West Virginia Code 16-49-1
- Direct access: means physical contact with a resident, member, beneficiary, or client, or access to their property, personally identifiable information, protected health information, or financial information. See West Virginia Code 16-49-1
- Direct access personnel: means an individual who has direct access by virtue of ownership, employment, engagement or agreement with the department, a covered provider, or covered contractor. See West Virginia Code 16-49-1
- Prescreening: means a mandatory search of databases and registries specified by the secretary in legislative rule for exclusions and licensure status prior to the submission of fingerprints for a criminal history record information check. See West Virginia Code 16-49-1
- Rap back: means the notification to the department when an individual who has undergone a fingerprint-based, state or federal criminal history record information check has a subsequent state or federal criminal history event. See West Virginia Code 16-49-1
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources, or his or her designee. See West Virginia Code 16-49-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- State Police: means the West Virginia State Police Criminal Identification Bureau. See West Virginia Code 16-49-1
(b) The purpose of the program is to protect West Virginia’s vulnerable populations by requiring registry and criminal background checks for all direct access personnel of the department, covered providers, and covered contractors.
(c) The program shall include:
(1) A centralized Internet-based system of registries to allow the department, covered providers, and covered contractors to perform a mandatory prescreening of applicants;
(2) Fingerprint-based state and federal criminal background checks on all direct access personnel; and
(3) An integrated Rap Back Program with the State Police to allow retention of fingerprints and updates of state and federal criminal information on all direct access personnel until such time as the individual is no longer employed or engaged by the department, the covered provider, or covered contractor.
(d) The department shall notify applicants subject to a criminal history record check that their fingerprints shall be retained by the State Police Criminal Identification Bureau and the Federal Bureau of Investigation.