Spring Creek Rehabilitation & Nursing Care Center
Deficiency Details, Certification Survey, August 23, 2010
Regional Office: MARO--New York City Area
E1022 402.9(b)(2): CRIMINAL HISTORY RECORD CHECK REQUIRED NOTIFICATION TO DOH PER CESSATION OF EMPLOYMENT
Severity: Potential for more than Minimal Harm
Corrected Date: September 30, 2010
Section 402.9 Responsibilities of Providers; Required Notifications. ...... (b) Notifications. A provider must immediately, but within no later than 30 calendar days after the event, notify the Department, and document such notification occurred, when: ...... (2) any employee who was subject to, and underwent, a criminal history record check in accordance with this Part is no longer employed by the provider.
Citation date: August 23, 2010
Based on record review and staff interview, the facility did not ensure that the Department when employees subject to Criminal History Record Check (CHRC) were no longer employed or considered for employment. This was evident for two (2) of five (5) employees sampled for review. (Employees #2 and #3)
The findings are:
Review of the monthly report sent to Regional Offices dated 8/2/2010 negative determination letters were sent for employees #3 and #4.
On 4/9/10, the facility received a final notice from the New York State Department of Health (DOH) that Employee #3's application was held in abeyance. The facility decided not to permanently hire this employee. There was no documented evidence that the facility notified DOH that the employee was not hired, or no longer employed by the facility.
On 4/21/10 the facility received a pending denial notice from DOH and on 7/15/10 the facility received a final denial letter for employee #4. There was documented evidence that DOH was notified that the employee was not hired, or no longer employed by the facility.
On 8/19/2010 at approximately 1:00 PM, the Administrator was interviewed and stated that Employee #3 was hired through an agency and he thought that the agency submitted the termination form to DOH. He stated that the Termination forms were not submitted within 30 calendar days after the negative determination letter was received because neither person was hired. He immediately sent the Termination forms for employees #3 and #4.