A recently released federally commissioned report addressed background check concerns in Louisiana. According to the report, many nursing homes did not conduct complete background checks on some of their non-licensed employees. 

The Office of Inspector General (OIG) conducted an audit that checked whether Louisiana nursing homes complied with federal background screening requirements. To do this, the OIG selected a sample of nine of the 276 licensed nursing homes in the state. The period covered by the audit was from October 1, 2019, to June 30, 2022.

The Audit

The OIG based this sample size on several risk factors and the necessity of choosing both rural and urban nursing homes. Of the nine nursing homes reviewed in the audit, the OIG examined the background checks of 209 of the non-licensed employees. It also verified that the 77 licensed employees had proper licenses. As a result, a reported 286 employees underwent review.

The report noted no federal requirements for determining an adequately completed background check. As such, nothing states what methods or types of information should appear in the background checks. However, the audit discovered potential limitations in the background checks and adjudication methods. These limitations affected 49 of the 209 non-licensed nursing homes reviewed. 

Audit Results

Of the nine homes reviewed, only six reportedly conducted statewide police record searches in their background checks; some homes had staffing agencies review statewide police record searches. As such, the remaining nursing homes run the risk of hiring individuals with prohibited backgrounds. The report recommended that nursing homes ensure they contractually require staffing agencies to perform complete background checks.

Louisiana responded to the report by agreeing that it would update the standard survey process. As such, the state has promised to monitor nursing homes for compliance with background check requirements routinely. Louisiana plans to sample 5% of the non-licensed nursing home staff and nursing homes themselves in these routine checks. These will be statewide audits on the files of nursing homes’ current personnel.

Furthermore, the state announced it would conduct background checks on employees by state police or other authorized agencies. This decision has inspired state officials to offer training to nursing homes on background screening issues. They also plan to provide educational material on the state’s website.

This report shows how important it is for businesses and organizations to comply with background screening requirements. It also shows that those working with vulnerable populations must take extra care with their hiring decisions. One way to ensure background-checking compliance is by working with a trusted screening provider. The right partner will use their experience to provide thorough, accurate, and timely reports for your educated hiring decisions.

Keep your business compliant with laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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Due to Louisiana’s costly expungement process, the state’s lawmakers have passed legislation to make it more manageable. Before the changes, individuals had to pay $550 per charge. This price is too high for many people. 

The passed legislation is the New Endings and Opportunities Act, which Senator Royce Duplessis led. This legislation would remove the cost of expungement, easing the struggle to seal eligible offenses. Lawmakers have reduced the obstacles many eligible individuals face through the newly passed legislation. 

For example, this law would eliminate application fees. It would also help facilitate communication between the agencies involved in the expungement process. As such, New Orleans will soon upgrade their computer systems to improve the process further.

According to the previous law, you had to hire a lawyer to expunge an eligible offense. The attorney would file the petition with the court for you. However, the new law allows you to expunge your eligible records without assistance, allowing you to start the process immediately. Should you have eligible offenses, you should find this cheaper and more accessible.

The new law will not alter the requirements to obtain an expungement. Instead, it only makes the process more accessible for eligible offenses, which could benefit approximately 1.3 million people in Louisiana. However, the new procedure could take a while to put into effect. 

Despite the expected delay, Sen. Royce Duplessis believes it could go into effect within a year and a half. Should you have an eligible offense, consider staying updated with the Act’s implementation. Following and using it soon as it becomes available could significantly improve your employment and housing opportunities.

Remember that Louisiana’s law will not expunge or seal many offenses. Therefore, you should determine the eligibility of your records. Furthermore, you must adhere to the offense’s waiting period before expunging it. For example, eligible misdemeanor offenses have a five-year waiting period. Non-violent felony arrests and conviction records require ten years. 

Anyone with eligible records will benefit from sealing the information despite the wait. Removing it from the public’s view, such as employers or landlords, allows you to apply for greater opportunities. Once the process is complete, running a self-background check would be a good idea to ensure your record no longer appears in your background check. Reviewing your background report also allows you to correct any mistakes, such as sealed records still appearing.

Click here to run a self background check

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