Employment & Licensing: Long-Term Care
- Restrictions on employment in psychiatric facilities and intermediate care facilities. Effective until October 30, 2010.
- 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.
- Appeal procedure based on inaccurate or expunged records.
- Restrictions on seeking a license/registration for an adult foster care facility.
- Lists offenses that presumptively bar individuals from obtaining a license to operate an adult foster care facility.
- Contains mandatory and permissive exclusions from federal health care programs (e.g. Medicare, Medicaid).
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
- Answers frequently asked questions relating to legal issues faced by caregivers.
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 MDHS - Exempt Employee Policy under "Communications".
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.
- 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)
- Federal report on the use of criminal background checks in the long-term care industry.
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