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Rehabilitation Review Procedures

Rehabilitation Review Procedures


Section 6201 of the Patient Protection and Affordable Care Act of 2010 (Affordable Care Act) requires that National Background Check Program grantee States establish an independent process for the reconsideration of applicants’ negative fitness determinations for direct access employment in the long term care industry. When an applicant is notified of a negative fitness determination (stating that the applicant is ineligible for employment), the applicant may appeal by disputing the accuracy or completeness of his or her criminal background check (please see the Appeal Process resource document on this website for more information), or the applicant may request a rehabilitation review to evaluate mitigating factors. For the rehabilitation review process, the Affordable Care Act requires States to consider “the passage of time, extenuating circumstances, demonstration of rehabilitation, and relevancy of the particular disqualifying information with respect to the current employment of the individual.” However, other than listing these four required factors, the legislation leaves many choices up to the States to make about their rehabilitation review processes. In this resource document, we provide examples from a sample of four grantee States—Alaska, California, Florida, and Illinois—to show how States handle rehabilitation reviews in different ways.

All of the tables below (Tables 1 through 14) provide examples of how States handle different aspects of the rehabilitation review process. Each table poses a question about the rehabilitation review process and includes States’ answers. The answers are from State statutes and regulations and are based on the wording and phrasing used in the actual statutes or regulations, which are cited in the Additional Resources section at the end of this document. If a State’s statutes or regulations do not address one of the rehabilitation review process issues in the tables below, this is indicated by “no information” in the right-hand column.


What are the different names States use for “rehabilitation review”?
Who is eligible for a rehabilitation review?
Who may request a rehabilitation review?
What is the time limit for applying for a rehabilitation review?
What types of information may (or must) be submitted with an application for a rehabilitation review?
May reviewers request additional information? Are there time limits for providing such additional information?
May reviewers request additional information? Are there time limits for providing such additional information?
What factors do the States consider?
What is the standard for overturning a negative fitness determination?
What time frames have States established for conducting reviews and making decisions?
Who makes the final rehabilitation review decision?
How are providers and applicants notified of results?
Is provisional employment allowed while a rehabilitation review is ongoing?
Is the final decision appealable? To what body? What is the standard of review?
Additional Resources
Appendix A—Information on Illinois’ automatic waivers and application waivers

What are the different names States use for “rehabilitation review”?

States refer to their reviews by different names (e.g., “variance review,” “exemption from disqualification,” “administrative reconsideration,” and “good cause waiver review”). Please see Table 1 below for examples of States’ rehabilitation review processes.

Table 1: How States Address Their Rehabilitation Review Processes

State What are the different names States use for “rehabilitation review”?
Alaska The Alaska Department of Health and Social Services (ADHSS) refers to its rehabilitation review as a “variance review.”
California

California has two rehabilitation review programs:

  • the California Department of Public Health’s (CDPH) program, which includes a rehabilitation review as part of its fitness determination process for certified nurse assistants (CNAs), home health aides (HHAs), and direct care staff working in intermediate care facilities (ICFs); and
  • the California Department of Social Services’ (CDSS) program for employees of residential care facilities for the elderly, which requires a background check of all applicants, licensees, adult residents, volunteers under certain conditions and employees of community care facilities who have contact with clients. If the CDSS finds that an individual has been convicted of a crime other than a minor traffic violation, the individual cannot work or be present in any community care facility unless he or she receives a criminal record exemption.
Florida Florida’s Agency for Health Care Administration (AHCA) refers to its rehabilitation review as an “exemption from disqualification.”
Illinois

The Illinois Department of Public Health (IDPH) uses two types of reviews:

  • automatic waivers, which do not require an application if the disqualifying conviction(s) occurred outside of specified time frames; and
  • waivers reviewed under a process requiring an application (hereafter referred to as application waivers).

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Who is eligible for a rehabilitation review?

In some States, every applicant who has received a negative fitness determination is eligible for a rehabilitation review. In others, an applicant must meet threshold criteria before a request for a rehabilitation review will be considered. Threshold criteria for eligibility can include standards for the number of, type of, and time since the disqualifying conviction(s). See Table 2 below for more details.

Table 2: Individuals Eligible for a Rehabilitation Review

State Who is eligible for a rehabilitation review?
Alaska An entity or individual service provider that is subject to AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990 may request a variance for any applicant that is associated or wishes to become associated with the entity.
California

For the CDPH program: all CNAs, HHAs, and direct care staff working in ICFs.

For the CDSS program: individuals with convictions other than minor traffic violations require an exemption. However, individuals convicted of serious crimes such as robbery, sexual battery, child abuse, elder or dependent adult abuse, rape, arson or kidnapping are not eligible for an exemption.

Florida

Any disqualified applicant except:

  • those who have not yet been released from confinement, probation, or other sanction for a disqualifying misdemeanor criminal offense;
  • those who have been released from confinement, probation, or other sanction for a disqualifying felony offense within the last three years; and
  • persons designated as sexual predators, sexual offenders, or career offenders.
Illinois Any student, applicant, or employee listed on the Health Care Worker Registry. However, time elapsed since the disqualifying conviction and type of conviction will determine which type of review an applicant may have. See Appendix A, which lists threshold criteria for each type of review as specified in Illinois statute, for details.

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Who may request a rehabilitation review?

Many States allow only the applicant to request a rehabilitation review. However, there are exceptions (e.g., Alaska requires that the request be made by the employer or potential employer). See Table 3 below for more information.

Table 3: Parties Eligible to Request a Rehabilitation Review

State Who may request a rehabilitation review?
Alaska The provider applies for a variance through its oversight agency. The request must be submitted to the department responsible for licensing, certification, approval, or finding of eligibility to receive payments for the entity or provider.
California

For the CDPH program: No request is necessary as the rehabilitation review is automatically part of the fitness determination process for every applicant who has a conviction.

For the CDSS program: The facility licensee must request an exemption on behalf of the subject. If the licensee chooses not to request an exemption and does not wish to hire, it must terminate the subject’s employment or remove the subject from the facility after receiving notice from the licensing agency that an exemption is needed. The subject has the right to request an exemption on his or her own behalf.

Florida Applicant only.
Illinois Applicant only.

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What is the time limit for applying for a rehabilitation review?

Some States do not have specified time limits for applying for a rehabilitation review. In these States, an applicant may apply any time after receiving a negative fitness determination, once threshold criteria (if any) are met. Other States impose limits. See Table 4 below for more information.

Table 4: Time Limits for Rehabilitation Review Applications

State What is the time limit for applying for a rehabilitation review?
Alaska The limit is 30 days after the provider receives notice of the original fitness determination. If the applicant submits a request for reconsideration to dispute the accuracy of the determination, they may apply for a variance within 30 days after the department issues its decision on the reconsideration.
California

For the CDPH program: Although no application for review is necessary, once disqualifying information is provided to the applicant, the applicant has 60 days to submit supporting rehabilitation evidence.

For the CDSS program: 45 days from the date of the department’s notice to the individual/employer that the applicant needs to obtain a criminal record exemption.

Florida None; however, if the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn.
Illinois None.

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What types of information may (or must) be submitted with an application for a rehabilitation review?

The two primary types of information States require are: information related to the history and current status of the applicant and information related to the employment position that the applicant is seeking. Items related to the history and current status of the applicant can include: copies of arrest records and court documents, character references, a written statement about or explanation of each conviction and the circumstances of each arrest, and documentation of rehabilitation, including successful completion of court-ordered treatment or counseling, and/or educational or training certificates. Items related to the employment position that the applicant is seeking can include: the type of facility offering the employment position, a description of job responsibilities and plans for supervision, and evidence demonstrating the applicant’s ability to perform the job responsibilities. See Table 5 below for more information.

Table 5: Types of Information Submitted With Review Application

State What types of information may (or must) be submitted with an application for a rehabilitation review?
Alaska

The request must be submitted on a form provided by the ADHSS and must include the following:

  • a comprehensive rationale for granting a variance;
  • a demonstration of how the health, safety, and welfare of recipients of services will be protected;
  • copies of all known information relevant to determining whether the health, safety, and welfare of recipients of services are adequately protected, including the following information regarding the individual for whom a variance is sought:
    • copies, as applicable, of that individual’s records of protective orders; convictions; indictment, charging by information or complaint; and any circumstance that led to a barrier condition under 7 AAC 10.955;
    • if the individual was incarcerated, a copy of the order from the local, State, or Federal jurisdiction that released the individual from incarceration; the date of release from incarceration; and any terms and conditions of parole; and
    • a copy of the terms and conditions of probation;
  • the extent, nature, and seriousness of (1) the individual's offense and past criminal record, (2) a behavioral health problem if it exists, and (3) a domestic violence problem if it exists;
  • the age of the individual at the time of the offense;
  • the amount of time that has elapsed since the most recent offense;
  • evidence of rehabilitation, prevention, or treatment efforts;
  • other evidence of the individual's present fitness, including at least two letters of recommendation from credible persons who are aware of the individual's criminal and civil history, behavioral health problem, or domestic violence problem, and who recommend that a variance be granted; any letters must be from persons who are unrelated to the individual for whom the variance is requested and who are not associated with the entity or provider that submitted the request for a variance; and
  • if the individual is an employee or volunteer, or a potential employee or volunteer, information related to job responsibilities that would be performed, hours and days of service, whether the individual would be in contact with recipients of services, and plans for supervision, including whether the individual would be subject to direct supervision while on the premises during hours of operation.

For a request submitted under 7 AAC 10.930(k) (permanent barriers), in addition to the information and documentation required above, the review committee shall consider: any mitigating circumstances that were involved at the time of the offense, and the individual’s education and employment history.

California

For the CDPH program: See Table 8 in the section, “What factors do States consider?” for a list of what the Department takes into consideration when making a fitness determination.

For the CDSS program: The licensee must request an exemption for the individual. If the licensee chooses not to request an exemption, the individual may not work or be present in the facility. An individual who is terminated because of the need to obtain an exemption may apply for an exemption on his or her own behalf.

To request an exemption the following items must be submitted:

  • A written request from the licensee/applicant on behalf of the individual or from the individual if the licensee does not choose to request the exemption after receiving notice from the Department;
  • A detailed description of what the individual will be doing at the facility;
  • A copy of the signed Criminal Record Statement completed at the time of hire;
  • A written statement signed by the individual describing the events;
  • Documentation (Minute Order, court ordered Judgment of Conviction, or a letter from the Probation Officer) that the individual’s current or last period of probation is/was informal (optional);
  • Written verification of any training, classes, courses, treatment, or counseling sessions completed;
  • Three signed character references;
  • The individual’s current mailing address and telephone number; and
  • A copy of all police reports involving the crime(s) for which the individual was convicted, or a letter from law enforcement stating that a report no longer exists.
Florida

The following items must be included with the completed application form:

  • arrest reports for all offenses listed on the criminal history report;
  • court dispositions for all offenses listed on the criminal history report;
  • letter from probation department with start date of probation/parole, scheduled termination date of probation/parole, eligibility for early termination of probation/parole, and any violations of probation/parole;
  • three to five letters of reference, including one from a current or most recent employer on the employer’s letterhead and the others from people the applicant has known for at least two years; and
  • documentation of rehabilitation, including documentation of successful completion of court-ordered treatment or counseling, educational or training certificates, proof of participation in community activities, and special recognition and awards received.
Illinois

For automatic waivers: results of a criminal history record check.

For application waivers: applicant must submit:

  • a completed waiver application;
  • an entire work history/resume;
  • information concerning convictions in other States;
  • information concerning Federal convictions;
  • nurse aide certifications from other States;
  • a written explanation of each conviction;
  • proof of completion of a rehabilitation program;
  • documentation showing that all fines have been paid except in the instance where the applicant is adhering to a payment schedule; and
  • results of a current fingerprint-based criminal history record check (i.e., a new criminal history record check is required when an individual applies for an application waiver).

The applicant may submit employment and character references and any other evidence demonstrating the applicant’s ability to perform the employment responsibilities, as well as evidence that the applicant does not pose a threat to the health or safety of residents, patients, or clients.

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May reviewers request additional information? Are there time limits for providing such additional information?

The reviewing agencies in some States may request additional information if they find that clarification or more details are needed. This can include a request that the applicant appear in person or by telephone for an interview. Some States have time limits for providing this additional information. See Table 6 below for more information.

Table 6: Requests for Additional Information for Review

State May reviewers request additional information? Are there time limits for providing such additional information?
Alaska Yes, the review committee may request that the applicant for whom a variance is being sought provide additional information, as applicable. It may also require the individual for whom a variance is sought to appear in person or by telephone for an interview. The State says it must be received in an “appropriate timeline” after the request has been made on a case-by-case basis.
California Yes, the assigned analyst may request additional information with a 10-day due date. CDSS: Yes, 10 days.
Florida Additional information may be requested and/or a telephone interview may be scheduled with the hearing review committee. Individuals are given 30 days to respond to a request for information or the application is withdrawn as “no response.”
Illinois No information. No information.

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May reviewers request additional information? Are there time limits for providing such additional information?

Some States create committees of employees to review applications and make initial recommendations. Others indicate no more than that the “department,” “agency,” or “court” will review applications. Alaska has a three-tiered review that involves three different entities in the decision-making process. See Table 7 below for more information.

Table 7: Initial Decision-makers

State Who reviews the application and makes an initial recommendation?
Alaska

The department responsible for the licensing, certification, approval, or finding of eligibility to receive payments for the entity or provider seeking a variance will review each request for a variance received by that office and will make a written recommendation to the variance committee appointed under 7 AAC 10.935 to grant or deny the request; include the reasons for the recommendation; and recommend any conditions that should be placed on any variance issued. (The commissioner will appoint three or more department employees to serve as a variance review committee to review requests for variances submitted under 7 AAC 10.930. The commissioner will include at least one employee from each department office responsible for licensing, certification, approval, or finding of eligibility to receive payments.)

The variance review committee makes a recommendation to the Health and Social Services Commissioner, who is responsible for the final decision.

California The Criminal Background Section of the Professional Certification Branch performs criminal background checks for CNAs, HHAs and ICF caregivers. The Caregiver Background Check Bureau of the Community Care Licensing Division performs background checks for CDSS.
Florida AHCA reviews applications and makes decisions on exemptions for unlicensed personnel working for health care providers; the Department of Health reviews applications and makes decisions on licensed and certified personnel as long as they are working within the scope of their license or certification. Agency staff review applications for exemption and make recommendations. Cases involving serious crimes or recent offenses are referred to a hearing committee. The committee makes a recommendation to grant or deny the exemption. The Agency Secretary reviews the recommendation and makes the final determination on all exemptions.
Illinois For both automatic and application reviews: the Department of Public Health.

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What factors do the States consider?

Many States provide lists of the specific factors to be considered in their rehabilitation review processes. See Table 8 below for examples.

Table 8: Factors Taken Under Consideration

State What factors do the States consider?
Alaska

The factors that must be considered by the variance review committee are:

  • the recommendation made by the ADHSS department office that is responsible for the licensing, certification, approval, or finding of eligibility;
  • the information supplied with the variance request and any other relevant information available to the department;
  • whether the individual charged with a crime was subsequently convicted;
  • the original charge, if convicted of a lesser charge;
  • whether any suspended imposition of sentence is still in effect;
  • whether conditions of parole/probation were met, court-ordered restitution was made, and court-ordered treatment was completed;
  • if the offense committed was related to financial exploitation, the committee should verify that employment duties would make it unlikely that exploitation would occur with regard to recipients of services;
  • if the offense committed was related to abuse and neglect, the committee should verify that employment duties would make it unlikely that abuse and neglect would occur with regard to recipients of services; and
  • any mitigating factors, including the individual’s educational and employment history; any current letters of recommendation from employers or other individuals submitted in addition to the minimum required under 7 AAC 10.930(a)(3)(H); and whether the person has been employed by the provider requesting the variance for a substantial period, has performed duties in a responsible and trustworthy manner, and has not been the subject of any complaints by recipients of service or their representatives.
California

For the CDPH program: The Department shall take into consideration the following factors as evidence of good character and rehabilitation:

  • the nature and seriousness of the conduct or crime under consideration and its relationship to employment duties and responsibilities;
  • activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior;
  • the time elapsed since the commission of the conduct or offense and the number of offenses;
  • the extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person;
  • any rehabilitation evidence, including character references, submitted by the person;
  • employment history and current employer recommendations;
  • the circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition;
  • the granting by the Governor of a full and unconditional pardon; and
  • a certificate of rehabilitation from a superior court.

For the CDSS program: The Department shall consider factors including, but not limited to, the following as evidence of good character and rehabilitation:

  • the nature of the crime including, but not limited to, whether it involved violence or a threat of violence to others;
  • the time elapsed since the crime was committed and the number of offenses;
  • the circumstances surrounding the commission of the crime that would demonstrate the unlikelihood of repetition;
  • activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior;
  • granting by the Governor of a full and unconditional pardon;
  • character references;
  • a certificate of rehabilitation from a superior court;
  • evidence of honesty and truthfulness as revealed in exemption application documents; and
  • evidence of honesty and truthfulness as revealed in exemption application interviews and conversations with the Department.

The Department shall also consider the following factors in evaluating a request for an exemption:

  • the facility and type of association; and
  • the individual’s age at the time the crime was committed.
Florida

In deciding whether to grant or deny an exemption request, AHCA shall consider factors such as:

  • the facts and circumstances surrounding the disqualifying offense(s);
  • the nature of the harm to the victim;
  • whether the individual is on probation or parole;
  • whether restitution has been made;
  • the time elapsed since the last offense;
  • the individual’s history since the disqualifying offense(s);
  • any subsequent arrest(s), even if not disqualifying;
  • the individual’s work experience;
  • personal references;
  • performance evaluations;
  • probation or parole violations;
  • other evidence of rehabilitation; and
  • the honesty and candor of the disqualified individual.
Illinois

For an application waiver, the IDPH considers:

  • the age of the applicant at the time of the offense;
  • a written explanation of each conviction;
  • the applicant’s work history;
  • the applicant’s criminal history since the disqualifying conviction;
  • the applicant’s records on other States’ nurse aide registries;
  • the applicant’s completion of required rehabilitation;
  • official documentation showing all fines have been paid;
  • employment and character references; and
  • any other evidence demonstrating the ability of the applicant to perform the employment responsibilities and that the applicant does not pose a risk to the health and safety of residents, patients, or clients.

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What is the standard for overturning a negative fitness determination?

Among the States that specify a standard for overturning a negative fitness determination, the standard usually calls for a determination that there is convincing evidence of good character and the rehabilitation of the applicant. Alternatively, standards may call for a determination that the health, safety, and welfare of recipients of services would be adequately protected or that the applicant would not pose a risk to recipients of services. See Table 9 below for more information.

Table 9: Standards for Decision-making

State What is the standard for overturning a negative fitness determination?
Alaska If the review committee, after its review of available information, determines that the health, safety, and welfare of recipients of services will be adequately protected, the review committee recommends that the variance be granted.
California

For the CDPH program: evidence of good character and rehabilitation.

For the CDSS program: substantial and convincing evidence satisfactory to CDSS that the individual has been rehabilitated and presently is of such good character as to justify employment in a licensed facility.

Florida The applicant must demonstrate by clear and convincing evidence that he or she should not be disqualified from employment.
Illinois No information.

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What time frames have States established for conducting reviews and making decisions?

Two of our example States—Florida and Illinois—have a mandated 30-day time frame for conducting a review and making a decision. The 30-day time frame begins after all required information is received. (See “What is the time limit for applying for a rehabilitation review?” above for more on time frames for receiving required information.) See Table 10 below for more information.

Table 10: Decision-making Time Frames

State What time frames have States established for conducting reviews and making decisions?
Alaska None.
California

For the CDPH program: None.

For the CDSS program: No mandated time frames. An exemption will take at least 75 days to process after a complete exemption request is received.

Florida Thirty days from the date a complete application is submitted.
Illinois For an application waiver: Within 30 days of receiving all required information.

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Who makes the final rehabilitation review decision?

In some States, the department or committee making the initial determination also makes the final determination. In other States, final decisions are made by the department/agency head or his or her designee. See Table 11 below for more information.

Table 11: Final Decision-makers

State Who makes the final rehabilitation review decision?
Alaska The Commissioner of the ADHSS.
California The CDPH or the CDSS.
Florida The Agency Secretary.
Illinois For both automatic and application waivers: The Department of Public Health.

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How are providers and applicants notified of results?

In general, applicants are notified by mail. Providers may also be notified by mail, or results may be posted to a secure website for providers to review. See Table 12 below for more information.

Table 12: Notification of Rehabilitation Review Results

State How are providers notified of results? How are applicants notified of results?
Alaska The provider receives a copy of the Commissioner’s decision by mail or facsimile. Results are only issued to the provider.
California For the CDPH program: no information. For the CDPH program: The applicant is notified in writing by certified mail. The letter includes the reasons for the determination and information on the applicant’s right to appeal.
For the CDSS program: the licensee is notified. For the CDSS program: The applicant is notified in writing by mail. The letter includes the reasons for the determination and information on the applicant’s right to appeal.
Florida The decision is entered into the background screening database and posted to a secure website for provider review. The applicant is issued a letter indicating whether the exemption is granted or denied. A “Grant” letter provides eligibility for employment with a health care provider despite the presence of a disqualifying offense. A “Denial” letter indicates the reason the exemption was denied and provides information on the applicant’s right to appeal.
Illinois Waiver results are entered into the Health Care Worker Registry. In cases where an applicant receives an automatic waiver, he or she is notified by letter. There is no information on how applicants are notified for other types of waivers.

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Is provisional employment allowed while a rehabilitation review is ongoing?

Some States do not allow provisional employment while a rehabilitation review is ongoing. Other States allow provisional employment under certain parameters. Sometimes continued provisional employment is at the discretion of the provider. See Table 13 below for more information.

Table 13: Provisional Employment Policies

State Is provisional employment allowed while a rehabilitation review is ongoing?
Alaska Yes, although during the variance review process the provider must reassign the duties and responsibilities of the provisional employee so that he or she does not have contact with recipients of services, cannot access personal or financial records of recipients of services, has no control over or impact on the financial well-being of a recipient of service, and is provided with direct supervision while in the provider’s facility where services are being performed.
California

For the CDPH program: No, the program does not allow for provisional employment.

For the CDSS program: For initial applicants, the individual cannot work or be present in any community care facility unless he or she receives a criminal record clearance or exemption. For subsequent convictions, depending on the type of crime, the individual may be allowed to remain employed if the employer acts immediately to seek an exemption and the CDSS determines that the person is allowed to remain in the facility until a decision on the exemption is rendered by the Department.

Florida No, when AHCA or the provider obtains information indicating that an individual has a disqualifying offense, the individual is prohibited from working in a position that requires background screening until such time as the individual has been determined to be exempt from such disqualification.
Illinois No.

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Is the final decision appealable? To what body? What is the standard of review?

The two California programs and the Florida program allow for appeals of the rehabilitation review decision, generally through a departmental administrative hearing. In Alaska, the provider can request a reconsideration of the decision. See Table 14 below for more information.

Table 14: Appeal Policies

State Is the final decision appealable? To what body? What is the standard of review?
Alaska No, but the provider may request a reconsideration of the decision from the ADHSS. Not applicable. Not applicable.
California For the CDPH program: Yes. For the CDPH program: There is an administrative hearing before an Administrative Law Judge with the Office of Administrative Hearings and Appeals. For the CDPH program: No information.
For the CDSS program: Yes. For the CDSS program: The CDSS with a final decision made by the Director. For the CDSS program: Preponderance of the evidence with the burden of proof on the CDSS.
Florida Yes. Administrative law judge. Whether the agency’s intended action is an abuse of discretion.
Illinois No information. No information. No information.

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Additional Resources

Alaska

1) Alaska Administrative Code, Title 7: Health and Social Services, Chapter 10: Licensing, Certification, and Approvals, Sections 900-990: Barrier Crimes, Criminal History Checks, and Centralized Registry. Accessed at: http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=[JUMP:'Title7Chap10']/doc/{@1}?firsthit.

2) Department of Health and Social Services, Changes to Regulations 7 ACC 10 — Licensing, Certification, and Approvals. Accessed at: http://dhss.alaska.gov/dhcs/Documents/cl/PDFs/Emergency%20Regulations
%20Made%20Permanent%202-13-08.pdf
.

California

3) California Health and Safety Code Section 1569.17 (CDSS criminal record exemptions). Accessed at: http://law.onecle.com/california/health/1569.17.html.

4) California Health and Safety Code Section 1337.9 (CDPH fitness determination process). Accessed at: http://law.onecle.com/california/health/1337.9.html.

5) California Code of Regulations, Title 22. Social Security Division 6. Licensing of Community Care Facilities Chapter 1. General Licensing Requirements Article 3. Application Procedures (Refs & Annos) § 80019.1. Criminal Record Exemption. Accessed at: http://ccr.oal.ca.gov/linkedslice/default.asp?SP=CCR-1000&Action=Welcome.

Florida

6) Florida Statutes, Chapter 435.07, Exemption from Disqualification. Accessed at: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0435/Sections/0435.07.html.

7) Florida Administrative Code, Rule 59A-35.090, Background Screening; Prohibited Offenses. Accessed at: https://www.flrules.org/gateway/ruleNo.asp?id=59A-35.090.

8) Florida Agency for Health Care Administration, Background Screening Application for Exemption. Accessed at: http://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening
/docs/exemption/BGS_Exempt_ApplcForm.pdf
.

Illinois

9) Illinois Administrative Code, Title 77: Public Health, Chapter I: Department of Public Health, Subchapter U: Miscellaneous Programs and Services, Part 955 Health Care Worker Background Check Code, Section 955.260 Application for Waiver. Accessed at: http://www.ilga.gov/commission/jcar/admincode/077/07700955sections.html.

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Appendix A—Information on Illinois’ automatic waivers and application waivers

Source: Illinois Administrative Code, Title 77: Public Health, Chapter I: Department of Public Health, Subchapter U: Miscellaneous Programs and Services, Part 955 Health Care Worker Background Check Code, Sections 260-275 and appendixes.

For automatic waivers:

A waiver without a waiver application shall not be granted unless the student, applicant, or employee has met the following time frames:

  1. Single disqualifying misdemeanor conviction – five years after conviction date
  2. Two disqualifying misdemeanor convictions – seven years after conviction date
  3. Three or more disqualifying misdemeanor convictions – nine years after conviction date
  4. Single disqualifying felony conviction – seven years after conviction date
  5. Two disqualifying felony convictions – nine years after conviction date
  6. Three or more felony convictions shall not be considered for a rehabilitation waiver.

A waiver without a waiver application may be granted to an individual who has been convicted of committing or attempting to commit one or more of the following offenses, if the time frames listed above have been met:

Illinois Compiled Statutes Citation Offense
720 ILCS 5/16-1 Theft (as a misdemeanor)
720 ILCS 5/16-2 Theft of Lost or Mislaid Property
720 ILCS 5/16A-3 Retail Theft (as a misdemeanor)
720 ILCS 5/19-4 Criminal Trespass to Residence
720 ILCS 5/24-1.5 Reckless Discharge of a Firearm
225 ILCS 65/10-5 Practice of Nursing Without a License
720 ILCS 115/53 Cruelty to Children
720 ILCS 250/4 Receiving Stolen Credit Card or Debit Card
720 ILCS 250/5 Receiving a Credit or Debit Card with Intent to Use, Sell, or Transfer
720 ILCS 250/6 Selling a Credit Card or Debit Card, Without the Consent of the Issuer
720 ILCS 250/8 Using a Credit or Debit Card with the Intent to Defraud
720 ILCS 250/17.02 Fraudulent Use of Electronic Transmission

For application waivers:

The IDPH will consider an application for a waiver from an individual who has been convicted of committing or attempting to commit one or more of the following offenses:

Illinois Compiled Statutes Citation Offense
720 ILCS 5/10-3 Unlawful Restraint
720 ILCS 5/10-3.1 Aggravated Unlawful Restraint
720 ILCS 5/10-4 Forcible Detention
720 ILCS 5/10-5 Child Abduction
720 ILCS 5/10-7 Aiding and Abetting Child Abduction
720 ILCS 5/12-1 Assault
720 ILCS 5/12-2 Aggravated Assault
720 ILCS 5/12-3 Battery
720 ILCS 5/12-3.1 Battery of an Unborn Child
720 ILCS 5/12-3.2 Domestic Battery
720 ILCS 5/12-4.5 Tampering with Food, Drugs or Cosmetics
720 ILCS 5/12-7.4 Aggravated Stalking
720 ILCS 5/12-11 Home Invasion
720 ILCS 5/12-21.6 Endangering the Life or Health of a Child
720 ILCS 5/12-32 Ritual Mutilation
720 ILCS 5/12-33 Ritual Abuse of a Child
720 ILCS 5/16-1 Theft
720 ILCS 5/16-2 Theft of Lost or Mislaid Property
720 ILCS 5/16A-3 Retail Theft
720 ILCS 5/16G-15 Identity Theft
720 ILCS 5/16G-20 Aggravated Identity Theft
720 ILCS 5/17-3 Forgery
720 ILCS 5/18-1 Robbery
720 ILCS 5/18-3 Vehicular Hijacking
720 ILCS 5/19-1 Burglary
720 ILCS 5/19-3 Residential Burglary
720 ILCS 5/19-4 Criminal Trespass to Residence
720 ILCS 5/20-1 Arson
720 ILCS 5/20-1.1 Aggravated Arson
720 ILCS 5/20-1.2 Residential Arson
720 ILCS 5/24-1 Unlawful Use of a Weapon
720 ILCS 5/24-1.1 Unlawful Use or Possession of Weapons by Felons or Persons in the Custody of the Department of Corrections Facilities
720 ILCS 5/24-1.2 Aggravated Discharge of a Firearm
720 ILCS 5/24-1.2-5 Aggravated Discharge of a Machine Gun or a Firearm Equipped with a Device Designed or Used for Silencing the Report of a Firearm
720 ILCS 5/24-1.5 Reckless Discharge of a Firearm
720 ILCS 5/24-1.6 Aggravated Unlawful Use of a Weapon
720 ILCS 5/24-3.2 Unlawful Discharge of Firearm Projectiles
720 ILCS 5/24-3.3 Unlawful Sale or Delivery of Firearms on the Premises of Any School
720 ILCS 5/33A-2 Armed Violence
225 ILCS 65/10-5 Practice of Nursing Without a License
720 ILCS 150/4 Endangering Life or Health of a Child
720 ILCS 150/5.1 Permitting Sexual Abuse of a Child
720 ILCS 115/53 Cruelty to Children
720 ILCS 250/4 Receiving Stolen Credit Card or Debit Card
720 ILCS 250/5 Receiving a Credit or Debit Card with Intent to Use, Sell, or Transfer
720 ILCS 250/6 Selling a Credit Card or Debit Card, Without the Consent of the Issuer
720 ILCS 250/8 Using a Credit or Debit Card with the Intent to Defraud
720 ILCS 250/17.02 Fraudulent Use of Electronic Transmission
720 ILCS 550/5 Manufacture, Delivery, or Possession with Intent to Deliver, or Manufacture, Cannabis
720 ILCS 550/5.1 Cannabis Trafficking
720 ILCS 550/5.2 Delivery of Cannabis on School Grounds
720 ILCS 550/7 Delivering Cannabis to a Person under 18
720 ILCS 550/9 Calculated Criminal Cannabis Conspiracy
720 ILCS 570/401 Manufacture or Delivery, or Possession with Intent to Manufacture or Deliver, a Controlled Substance Other than Methamphetamine, a Counterfeit Substance, or a Controlled Substance Analog
720 ILCS 570/401.1 Controlled Substance Trafficking
720 ILCS 570/404 Distribution, Advertisement, or Possession with Intent to Manufacture or Distribute a Look-alike Substance
720 ILCS 570/405 Calculated Criminal Drug Conspiracy
720 ILCS 570/405.1 Criminal Drug Conspiracy
720 ILCS 570/407 Delivering a Controlled, Counterfeit or Look-alike Substance to a Person under 18
720 ILCS 570/407.1 Engaging or Employing Person under 18 to Deliver a Controlled, Counterfeit or Look-alike Substance
720 ILCS 646 Violations under the Methamphetamine Control and Community Protection Act

Waivers will not be granted to individuals who have not met the following time frames:

  1. Single disqualifying misdemeanor conviction – no earlier than one year after the conviction date
  2. Two to three disqualifying misdemeanor convictions – no earlier than three years after the most recent conviction date
  3. More than three disqualifying misdemeanor convictions – no earlier than five years after the most recent conviction date
  4. Single disqualifying felony conviction – no earlier than three years after the conviction date
  5. Two to three disqualifying felony convictions – no earlier than five years after the most recent conviction date
  6. More than three disqualifying felony convictions – no earlier than 10 years after the most recent conviction date.

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