Michigan Reentry Law Wiki

Employment: Long-Term Care

From Reentry

Contents

Statutes

MCL 333.20173a: Restrictions on employment in nursing homes, county medical care facilities, hospice, hospitals that provides swing bed services, homes for the aged, or home health agencies

MCL 330.1134a: Restrictions on employment in psychiatric facilities and intermediate care facilities

MCL 333.20173b: Appeal procedure based on inaccurate or expunged records

42 USC 1320a-7: Federal statute prohibiting employment in federally-funded programs for individuals with certain convictions

Michigan Administrative Code Rule 400.1152 Lists offenses that presumptively bar individuals from obtaining a license to operate an adult foster care facility.

Michigan Long Term Care Partnership

Background checks on current and prospective employees in long-term care are conducted through the Michigan Department of Community Health or Michigan Department of Human Services under the auspices of the Michigan Long Term Care Partnership. For detailed information, legal guides, forms, etc., see Michigan Long Term Care Partnership website

Self-Help Materials

Know Your Rights: Criminal Background Checks for Michigan's Long-Term Care Workers

Answers frequently asked questions relating to legal issues faced by caregivers.

Sample letter to the Michigan Department of Community Health asking for clarification on employability

Sample letter to the Michigan Department of Community Health regarding eligibility for employment in long-term care based on "grandfathered" status.

Sample letter to the Michigan Department of Community Health regarding eligibility for employment for individual with drug conviction who has "grandfathered" status.

Sample letter to the Michigan Department of Community Health where individual's convictions are too old to be disqualifying.

Sample Letter to the Michigan Department of Community Health for individual whose possession charges have been dismissed.

Appeals Based On Prior Employment in Long-Term Care

Individuals employed in long-term care prior to April 1, 2006 may continue working in long term care, and may be hired in by a new employer. For more information go to the Michigan Long Term Care Partnership website and click on Exempt Employee Policy.

Historical Information

The statutes governing employment for people with records in long-term care were recently amended. The material below relates to the prior statutory scheme, but may nevertheless be of use in interpreting the current statutes.

Declaratory Ruling re "Grandfathered" Employees

The Michigan Department of Community Health issued a ruling that enabled individuals with criminal records who have experience working in nursing homes to continue working in the field. This ruling applied to the prior statute.

Declaratory Ruling Request regarding Juvenile Adjudications under MCL 333.20173 (no ruling was issued)

Policy Materials

U.S. Department of Health and Human Services Report on Ensuring a Qualified Long-Term Care Workforce: From Pre-Employment Screens to On-the-Job Monitoring

Federal report on the use of criminal background checks in the long-term care industry.


View other Employment Pages
General Information and Legal Outlines
Disparate Impact Claims Under Title VII
Occupational Licensing
Childcare
Education
Banking
Military Service
Transportation
Return to the Main Page
Return to the Resource Library