Georgia Long-Term Care Background Check Requirement

September 23rd, 2019 | Gabrielle Langlinais, Strategic Solutions Consultant – Healthcare SME, Healthcare & Life Sciences

On October 1, 2019, the state of Georgia’s background check requirement for long-term care providers will go into effect. Passed into law in May 2018, this law, SB 406-Long Term Care Background Check Program, is being rolled out in multiple phases.

Phase one, launching on October 1, will require state and federal fingerprint record checks which must be performed through the Georgia Criminal History Check System (GCHEXS) for new officers, administrators, directors, managers and any employees or volunteers who have direct access to residents/patients and their belongings/assets. Licensed healthcare providers may be exempt from the requirement if they hold a state license in good standing.

The fingerprint record check requirements affect the following providers:

• Adult daycare facilities
• Assisted-living communities
• Home health agencies
• Hospice care providers
• Intermediate care homes
• Nursing homes
• Personal-care homes
• Private homecare providers

Phase two will take effect on January 1, 2021. By that date, all current owners, officers, administrators, directors, managers, unlicensed workers and any employees or volunteers must have the fingerprint check completed.

Recently, the state published an FAQ page that goes into greater detail. You can read and download it here.

Here are some other helpful web links:

• Georgia Department of Community Health press release from August 16, 2019, “DCH to Implement Enhanced Background Screenings for Long Term Care Facilities”
• Georgia Department of Community Health presentation
• Georgia Department of Community Health Georgia Criminal Background Check System (GCHEXS)
• Rules of Department of Community Health, CHAPTER 111-8, Healthcare Facility Regulation, SUBJECT 111-8-12, Rules and Regulations for Criminal Background Checks: https://dch.georgia.gov/sites/dch.georgia.gov/files/related_files/document/111-8-12%20Final%20EDITED-8-13-19.pdf
• SB 406 “Georgia Long-term Care Background Check Program”

The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. This and other important legislative updates can be found on the Sterling website in the compliance updates section.

For more information on how Sterling can help you stay up to date with evolving federal, state and local regulations, visit sterlingcheck.com/healthcare.

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.