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Fifth National Meeting

Fifth National Meeting

The Centers for Medicare & Medicaid Services (CMS) held the Fifth National Meeting for the NBCP from May 12 through May 15, 2015, in Baltimore, Maryland.

Links to individual presentations and biographies of the guest speakers and recidivism panelists are available from the agenda on this page. In addition, a bundled PDF with all the presentations is available for download.

Agenda (PDF)
All presentations (PDF bundle)

5th Annual NBCP Training Meeting Minutes
5th Annual NBCP Training Meeting World Café Analysis
5th Annual NBCP Training Meeting Participant Feedback Summary


Day One: May 12, 2015
Day Two: May 13, 2015
Day Three: May 14, 2015

Each day’s schedule is divided into three tracks:

Track A: Newer States in the program and potential applicant States (Chesapeake I)
Track B: Mature States in the program looking for process improvements (Chesapeake II)
Track C: States interested in working on common program challenges (Harbor I)

Day One: May 12, 2015
Morning: 8:00 am–11:45 am
7:30 am Registration opens
8:00 am Welcome – Thomas Hamilton, Director, Survey and Certification Group, CMS (Chesapeake)
8:10 am Plenary – “CMS Update on the National Background Check Program” (Chesapeake)
8:20 am Plenary – Recidivism Panel (Chesapeake)

Matthew Durose, Statistician, Bureau of Justice Statistics, will present the latest research from BJS on recidivism. A panel will discuss the potential impacts on the NBCP.

Moderator: James "CHIPS" Stewart, Director of Public Safety and Senior Fellow for Law Enforcement, CNA

10:30 am Break
10:45 am Special Guest Speaker (Chesapeake)

Pamela Paulk
President, Johns Hopkins Medicine International
Topic: “The Johns Hopkins Hospital Success in Hiring Ex-Offenders

11:45 am Lunch (on your own)
Afternoon: 1:00 pm–5:00 pm
Session 1
1:00 pm Track A. “State Agency Fitness Determination Processes” (Chesapeake I)

States have various approaches for determining overall employment fitness of a long term care applicant. NBCP States will discuss their business rules and varied approaches for making determinations.

1:00 pm Track B. “Leveraging the NBCP Process for Vulnerable Populations” (Chesapeake II)

In some NBCP States, a single background check program serves multiple programs and overlapping populations that are related to the scope of the NBCP. Examples include health professional and technical licensure and/or certification, non-Medicaid long term care providers or facilities, and even those who care for other vulnerable populations such as children. Several States will present their experiences with such an approach; other States will discuss their initiatives to integrate the State’s NBCP-compliant system with other related screening programs.

1:00 pm Track C. “Integrating Law Enforcement Data” (Harbor I)

This session will illustrate a technical approach to retrieving criminal history information from the State Identification Bureau (SIB) through a secure integrated process. Discussions will revolve around system integration development, security, and implications with the SIB and State agency infrastructures, as well as the benefits and efficiencies of moving from a paper-based to an electronic process.

2:30 pm Break
Session 2
2:45 pm Track A. “De-Coding Out-of-State Criminal Code Offenses” (Chesapeake I)

NBCP States will discuss how they de-code out-of-State background check histories that contain criminal code violations/convictions not precisely identical to the host State’s disqualifier codes. The presentation will outline how criminal decisions are made and entered in the criminal files as adjudicated, and offer approaches that address the complexity of these competing obligations and potential solutions.

2:45 pm Track B. “Sustain Your Program as Grant Funds End: Strategies, Tips, and Tools” (Chesapeake II)

Where will the money come from after the grant? Once the NBCP grant concludes, States will assume the financial responsibility of sustaining their background check program. This presentation will provide information on various strategies for program sustainment. Representatives from two States will talk about their State’s sources and challenges with ongoing operations since graduating from the program in 2013 and 2014.

2:45 pm Track C. “Stakeholder Engagement: Steps and Lessons Learned” (Harbor I)

Grantee States share ways they have engaged provider communities, direct access employees, professional associations, and other stakeholders to achieve their NBCP goals.

3:45 pm Break
4:00 pm Plenary – “Quarterly Reporting and State Comparisons” (Chesapeake)

NBCP States are required to provide quarterly reports on background check data as a condition of the grant. This session will summarize the quarterly reporting process, provide an overview of the data collected from the States to date, and offer State comparison analysis.

5:00 pm Adjourn Day One

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Day Two: May 13, 2015
Morning: 8:00 am–11:30 am
8:00 am Welcoming Remarks (Chesapeake)
8:05 am Plenary – “CMS and OIG Joint Briefing: Importance and Progress of Improved Background Screenings for Long Term Care” (Chesapeake)

The Centers for Medicare & Medicaid Services (CMS) will provide the latest data and trends in maturing populations and the increased demand for long term care. The Office of the Inspector General (OIG) will brief findings from the study Criminal Convictions of Home Health Agency Employees (07-14-00130) and the status of the OIG interim evaluation of the NBCP (07-10-00420). The CMS will present some results of an internal evaluation of the NBCP that identified best practices.

9:30 am Special Guest Speaker (Chesapeake)

Kathy Greenlee
Administrator, Administration for Community Living, and Assistant Secretary, Administration on Aging, HHS

10:30 am Break
10:45 am Plenary – “Complying with the NBCP and EEOC Requirements” (Chesapeake)

Long term care providers must carefully balance their obligations under NBCP with the requirements of the Equal Employment Opportunity Commission (EEOC). In this session, CNA’s legal experts will review the requirements of Title VII and the EEOC’s current guidance on the use of background checks in employment decisions. They will explore how to comply with State NBCP legislation without creating potential Title VII liability for long term care providers, and examine the efforts of participating States to protect their long term care providers. Finally, they will offer approaches that address the complexity of these competing obligations.

11:30 am Lunch (on your own)
Afternoon: 1:00 pm–5:00 pm
1:00 pm Plenary – “Case Studies: Reminder on the Importance of the NBCP Requirements” (Chesapeake)

The CMS examines criminal cases involving arrests of individuals who could have been prevented from having access to long term care residents. The examination identifies the methods the accused used to gain access and abuse the residents. In addition, CMS will highlight success stories, where potentially bad actors were prevented access because of properly administered background checks.

1:50 pm Break
Session 1
2:00 pm Track A. “Incorporating State Rap Back Panel” (Chesapeake I)

Developing a State rap back program requires coordination and planning that prompt many questions from the State’s Criminal Justice Information System (CJIS) organization and Grantee agency: Is appropriate legislation in place? Will the current CJIS system support the addition of rap back functionality and maintenance? How will rap back functions interface with authorized entities submitting requests? What are the budget implications of implementing rap back? Should there be a fee for rap back services? These and other questions will be addressed in this panel discussion on incorporating a State rap back program.

2:00 pm Track B. “State Collaboration Initiatives” (Chesapeake II)

Collaboration among NBCP States has become a common practice to assist in answering questions States often face during the development of their NBCP-compliant programs. Participating panelists will discuss the solutions developed through specific collaborative efforts.

2:00 pm Track C. “Implementing a Voluntary Program” (Harbor I)

In a few States, passing enabling legislation is a challenge. This, however, has not prevented the States from developing a background check program and implementing a voluntary compliance program. Georgia and Kentucky will present their background check programs and how they are able to encourage and incentivize providers to participate.

3:30 pm Break
Session 2
3:45 pm Track A. “Q&A Session for States Considering NBCP” (Chesapeake I)

This session is for States not currently enrolled in the NBCP grant program but considering submitting an application. Please join CMS and our technical assistance contractors for an open question-and-answer session.

3:45 pm Track B. “Provider Rollout” (Chesapeake II)

An important milestone in the implementation of a State’s NBCP program is the initial rollout of the background check system to provider users. Several States have or will soon complete the initial rollout of their system, but not all employed the same approach. Selected NBCP State representatives will discuss lessons learned and best practices in rolling out their background check systems.

3:45 pm Track C. “Background Check System Improvements” (Harbor I)

Software contractor Innovative Architects will describe the improvements that will be introduced in the TA-provided background check system in the coming year. These include new modifiable forms and improved user functionality.

5:00 pm Adjourn Day Two

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Day Three: May 14, 2015
Morning: 8:00 am–12:00 noon
8:00 am Track A. “Opportunities and Challenges Working with Multiple State Agencies” (Chesapeake I)

The Affordable Care Act calls for a single State agency to implement the NBCP, but most State business practices, laws, and regulations require interagency collaboration to achieve grant milestones. Selected NBCP States will discuss opportunities and challenges in working with multiple State agencies.

8:00 am Track B. “Grant Closeout Process” (Chesapeake II)

This session will help grantee States prepare for their final months of participation in the program. The CMS will review the grant closeout process, which includes a closeout form and final program data reports, and discuss the implications for States that do not meet grant application commitments and/or grant requirements. In addition, for States using the TA-provided background check system, software contractor Innovative Architects will address the scope of system documentation that TA contractor CNA provides to States using the NBCP core system at the end of their grant period.

8:00 am Track C. “Safe at Home? HHAs and Self-directed Care” (Harbor I)
Related Articles: Guidelines for Assessing Candidates with Criminal Histories, Does Past Criminal Behavior Predict Future Criminal Behavior?

More people receive long term care at home and in the community than in institutions, and the trend will increase as the U.S. population ages. This session focuses on the 2010 AARP Safe at Home report, which highlighted the need for fingerprint-based background checks of home and community care providers, such as home health aides (HHAs). Many States have implemented such background checks through the NBCP. One of the authors of the report will discuss its findings; and after the presentation, a State administrator, a U.S. Justice Department prosecutor, and others will talk about the challenges and solutions they have encountered with home and community care.

9:30 am Break
10:00 am Plenary – “World Café: Exploring NBCP Together” (Chesapeake)

Join other State representatives in an open session to explore common challenges and process improvements while making new connections in other States.

11:30 am Closing Remarks (Chesapeake)
12:00 noon Adjourn Annual Training Meeting

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