(a) For each applicant for delivery of services through
the CDS option as an employee, an FMSA must:
(1) check DADS' Nurse Aide Registry and Employee Misconduct
Registry not more than 30 calendar days prior to the hire date;
(2) document and maintain the results of each applicant
registry check on Form 1725, Criminal Conviction History and Registry
Check; and
(3) provide a copy of completed Form 1725 for each
applicant to the employer.
(b) For each applicant for delivery of services through
the CDS option as an employee, contractor, or vendor, an FMSA, prior
to hiring, must:
(1) check the Texas Health and Human Services Commission
(HHSC) - Office of Inspector General (OIG) List of Excluded Individuals/Entities
and the United States Department of Health and Human Services (HHS)
- OIG Excluded Individuals/Entities Search online searchable databases;
and
(2) document the results and retain the documentation
on file.
(c) To comply with the Centers for Medicare and Medicaid
Services reporting requirements and 42 Code Federal Regulations §1003.102(a)(2),
an FMSA must immediately report any Medicaid exclusion findings to
HHSC-OIG using the self-reporting mechanism located on the HHSC-OIG
website.
(d) The FMSA must obtain a copy of Form 1725 documenting
the results of the registry checks if the employer or DR directly
conducts a check of the registries.
(e) The FMSA must not approve an applicant for employment
or for a contract or a vendor upon verification that the person is
listed:
(1) as revoked in the Nurse Aide Registry;
(2) as unemployable in the Employee Misconduct Registry;
or
(3) on the HHSC or HHS list of excluded individuals
or entities.
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