Criminal Search (7 Years Or up to 5 Criminal Searches)

DEPARTMENT: Human Resources / POLICY DESCRIPTION: Background Investigations
PAGE: 1 of 4 / REPLACES POLICY DATED: August 1, 1999
APPROVED: July 21, 1999 / RETIRED:
EFFECTIVE DATE: September 1, 1999 / REFERENCE NUMBER: HR.102
SCOPE: All employees being hired into the Company or moving from another facility affiliated with the Company including, but not limited to, hospitals, ambulatory surgery centers, home health agencies, physician practices, and Corporate Departments, Groups and Divisions.
PURPOSE: The purpose of this policy is to provide a standard requirement and process for obtaining and evaluating background information prior to employment. This process will also include the same requirement of background investigations for individuals utilized through a staffing agency. Such background information may include various degrees of information based on the levels of responsibility of that position.
POLICY: Offers of employment should be contingent upon obtaining an application and a background investigation through the Human Resources Department. Candidates moving from another affiliated facility shall be evaluated for employment based on, among other things, a background investigation that includes, at a minimum, the items consistent with the levels described below.
PROCEDURE:

Conditional Job Offers and Background Checks: (also see Implementation Guidelines, Attachment C)

New hires: Qualified individuals deemed to be the best candidate for a position will be extended an offer of employment contingent upon, at a minimum, the completion of a background investigation.

Individuals moving from another affiliated facility: The Human Resources office will initiate a background investigation after a conditional job offer has been made and will include at a minimum a check of previous employment including the facility from which the individual is moving, a check of license or certification if applicable, a criminal background search and other items consistent with the levels described below. It should not be assumed that a thorough investigation was completed when the individual was originally hired with the first facility or that information revealed in a background investigation will never change over time. (See implementation guidelines, Attachment C).

Rehires: If eligible for rehire, background information will be obtained in accordance with the position level as described below. An applicant not eligible for rehire will be considered on a case by case basis and must be approved by the Human Resources Department. The approval shall be noted on the employment reference check form.

d. Staffing Agencies, Independent Contractors: The same background investigations should be completed for individuals who provide services pursuant to contracts with staffing agencies or independent contractors. The ideal method for obtaining background investigations for individuals who provide services pursuant to such contracts would be for the contractor to have the investigation conducted prior to providing the individual.
2. Background Investigation
The local Human Resources Department will initiate the background investigation after a conditional job offer has been made.
All applicants for whom a conditional job offer has been made will have a Level I background investigation. Depending on an applicant’s job responsibilities, he/she may also have a Level II and/or Level III background investigation as described below:
Level I
Social Security Number Verification

Criminal Search (7 years or up to 5 criminal searches)

Employment Verification (last 2 employers)
Violent Sexual offender and predator registry search
HHS/OIG List of Excluded Individuals/Entities
GSA List of Parties Excluded from Federal Programs

Level II (All professionals, including caregivers, as well as finance personnel, and department managers) –

Social Security Number Verification

Criminal Search (7 years or up to 5 criminal searches)

Employment Verification (last 2 employers)
Violent Sexual offender and predator registry search
HHS/OIG List of Excluded Individuals/Entities
GSA List of Parties Excluded from Federal Programs
Education Verification (highest level)
Professional License Verification
Certification & Designations Check
Professional Disciplinary Action Search
Department of Motor Vehicle Driving history
Consumer Credit Report
Newspaper Articles & Clippings
Bankruptcy and Federal District Court Search
* If applicable based on job description/requirements, ordered separately.
3. Hiring/Re-hiring Ineligible Persons
Neither the Company nor any facilities affiliated with the Company may employ any Ineligible Person, as defined in and pursuant to the Limitations on Employment Policy, HR.209.
4. Analysis of Background Investigation
The Human Resources Department will notify the hiring manager if a discrepancy arises between the applicant’s disclosed credentials and the verified information or if the applicant is unqualified for the position based upon the results of the background investigation.

Derogatory information learned during a background investigation should be considered with all other information known about an applicant, and a case-by-case determination should be made as to the applicant’s suitability for employment. The Human Resources Department and, when appropriate, the Hiring Manager may determine that the derogatory information is sufficient reason not to hire an individual. The Human Resources Department or Hiring Manager may seek clarification from the applicant regarding the derogatory information.

The Human Resources Department will provide the applicant with the source of his/her credit report, as required by the Fair Credit Reporting Act. The Human Resources Department will notify the applicant of the final disposition of his/her application.

5. Preferred Vendor
The preferred vendor on Attachment A should be used for processing background investigations. If another vendor is chosen other than the preferred vendor, the same standard of checks must be maintained and a completed certification form (AttachmentB) must be faxed to HCA, Human Resources at 615/344-2639.
DEFINITION:
Senior Level Management – The Chief Executive Officer, the Chief Operating Officer, the Chief Financial Officer, and the Chief Nursing Officer, Vice Presidents and above.
REFERENCES:
Limitations on Employment Policy, HR.209
Employment Application
Fair Credit Reporting Rights
Fair Credit Reporting Act Background Research Form

Attachment A

The preferred vendor for conducting background investigations is:

Applications Profile, Inc.

9620 Executive Center Dr. N., Suite 202

St. Petersburg, Florida 33702

Contact: Lori Mcgrattan-Russell

Phone: 1-800-749-9556 ext. 457

e-mail:

Attachment B

CERIFICATION FORM FOR VENDORS PROVIDING BACKGROUND INVESTIGATIONS

(to be completed if contracting with a vendor other than the preferred vendor)

Date: ______Name of facility: ______

Name of facility contact: ______

Position: ______Phone Number: ______

Name of vendor: ______

Address of vendor: ______

Phone number of vendor: ______

Contract Dates: ______

Cost of background check at Level I ______Level II ______Level III ______

Liability Insurance amount provided: ______

Indemnification terms: ______

Attachment C

Implementation Guidelines

Notice of Investigations

Potential applicants should be provided with notice of the facility’s policy and practice of conducting background investigations before a candidate is hired.

1. At a minimum, the employment application should include a statement such as the following:

I understand that an investigative report may be made by a consumer reporting agency to include information as to my character, general reputation, personal characteristics, and mode of living, whichever may be applicable. If such an investigative report is made, I understand that I will receive notice that such report has been requested and that I will have the right to make a written request for a complete and accurate disclosure of additional information concerning the nature and scope of the investigation.

2. When feasible, advertisements should include notice of the facility’s policy of conducting background investigations.

3. Facilities should post signs in areas where employment applications are accepted which make clear that the facility has a policy of conducting background investigations for all applicants prior to starting work with the facility.

Derogatory Information

When a facility receives derogatory information of the following nature as the result of a background investigation, the facility should no longer consider the applicant qualified for a position:

1. conviction of a felony offense; misdemeanor offenses if job-related;

2. termination from a previous job related to criminal conduct or sexual predatory behavior;

3. inclusion on the list of sanctioned individuals identified in the Company’s Limitations on Employment Policy, HR.209;

4. providing false statements on the application or resume;

5. documented financial problems/issues, if being considered for a position of financial responsibility; and

6. documented traffic violations, if job related.

This list is not exclusive or exhaustive. Facilities should use good judgment when evaluating information obtained through a background investigation and, when in doubt, consult with Corporate Employee Relations or the Legal Department.

Use of information obtained from a background investigation must be taken in context with the job for which the applicant has applied.

Information obtained from a background investigation should remain confidential and not shared with anyone except on a need to know basis. If the decision is made to renege the conditional job offer based on derogatory information, managers should be told only that the applicant did not pass the background investigation.

Contract Employees and Staffing Agencies:

Contracts or service agreements should be entered into with all third parties providing temporary or contract employee (s). The contacts or agreements should include language such as:

Stipulation to background investigations based on HCA standards

Liability insurance coverage

Indemnification

Where no contracts or agreements exist with third parties providing temporary employees upon the effective date of the Background Investigation Policy (September 1, 1999), facilities should ensure that contracts or agreements are agreed to by January 1, 2000. Current employees referred to a facility through a staffing agency where an existing contract is in place will not be required to undergo a background investigation. Employees hired by the staffing agency after a new contract is instituted that requires background investigations, will require a completed background investigation prior to being referred to the facility.

Within one year of the implementation of the Background Investigation Policy (September 1, 2000) all existing contracts or agreements should be amended or renewed to include the above stated language. Current employees referred to a facility through a staffing agency with an existing contract will not be required to undergo a background investigation. Employees hired by the staffing agency after the new terms requiring background investigations are instituted, will require a background investigation prior to being referred to the facility.

Employees moving from one facility to another:

Current employees who have had a background investigation report completed within the last 90 days will not be required to undergo a new check. Current employees who have had a background investigation report completed with the last 3-6 months will have an updated report run by the preferred vendor. Current employees who have not had a background investigation report done in the last 6 months will have a complete, new report completed before starting work at a new facility.