Michigan Reentry Law Wiki

Employment & Licensing: Long-Term Care

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Contents

State Statutes

MCL 330.1134a

Restrictions on employment in psychiatric facilities and intermediate care facilities. Effective until October 30, 2010.

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 333.20173b

Appeal procedure based on inaccurate or expunged records.

MCL 400.713

Restrictions on seeking a license/registration for an adult foster care facility.

Mich. Admin. Code R. 400.1152

Lists offenses that presumptively bar individuals from obtaining a license to operate an adult foster care facility.

Federal Statutes

42 USC 1320a-7

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

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 MDHS - Exempt Employee Policy under "Communications".

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.
Other pages in this section: Legal Overviews - Materials for Employers - Policy Reports & Recommendations - Occupational Licensing - Disparate Impact Claims Under Title VII - Sex Offender Restrictions - Parole and Probation Restrictions


Restrictions for Specific Jobs: Accounting - Banking - Childcare - Education - Firefighters - Gaming - Government Employment and Government Contracting - Health Professionals - Insurance - Labor and Employee Benefits - Long-Term Care - Military Service - Security Guard and Private Security - Transportation

Section overview: Employment & Licensing


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