But other dangers exist, too; the process of hiring can consume substantial amounts of time and resources. Failing to identify unsuitable candidates in a timely manner will result in malinvestment, even if the candidate is never hired.

And yet, hiring remains a top priority. As disconcerting as the stakes may be, properly carrying out background checks is a necessary and ultimately rewarding effort.

To help senior living communities navigate this process successfully, I’ll discuss the three most common errors organizations make.

1.  Ignorance-induced legal risks

Litigation is a top concern for any senior living employer conducting background checks. Employers should ensure full understanding and compliance with both local and federal legislation long before even designing their policy, not to mention running an actual check.

Laws governing the hiring process will vary widely based on location and the nature of the position. They tend to specify certain aspects of the procedure, such as information that must be communicated to candidates throughout the screening process. Restrictions and regulations on using acquired data also are common, with consideration of marijuana use or criminal backgrounds being notable examples.

Whatever the particulars may be, any given organization will be subject to a specific, often unique, set of laws. Failure to adhere to such legislation may expose a company to potential lawsuits, which can easily cost millions of dollars in settlements and legal fees. When it comes to the law, due diligence is always due.

2. Flexibility without framework

Oftentimes, approaching the screening process on a case-by-case basis is the path of least resistance. Although each position should be given unique consideration, improvisation always will land a company in hot water.

The underlying factor here is that lack of consistency increases the likelihood of legal negligence. Without a pre-decided policy, it is much easier for an employer to disregard certain legal guidelines or restrictions that otherwise might be detailed in a well-prepared plan. Once such a policy has been created, staying aligned with the law is merely a matter of ensuring that it remains up-to-date. 

Another serious concern is that an unorganized background check always will lack the efficiency of a carefully designed workflow. Organizing how screenings and communications, among other things, will take place ensures that a company’s background check does not waste resources.  

3. Using unclear criteria

Finally, senior living organizations often try to speed up the screening process by sending all candidates through a single filter. The faults with such an approach, however, are obvious. Unclear criteria consistently will deny competent workers where parameters are too strict and allow unsuitable workers where parameters are too loose. For this reason, companies must establish job-specific criteria.

The first criteria to consider are criminal backgrounds, because — yet again — the law must be considered first and foremost. Legislation often will regulate which workers can be employed in certain fields, such as working with older adults, based on criminal records. Although background checks in this industry are more extensive than in most other industries, some offenses should not disqualify candidates for certain positions.

Non-criminal criteria like work experience, licensing, references, and referrals should also be job-specific. While there is not much flexibility here, organizations must decide for themselves where to set the bar for each position — something that may change with the job market. 

Bottom line

The process of screening candidates for hire is not simple for senior living employers. After all, it is a matter of life and death. With legal and economic concerns around every corner, it is easy to feel overwhelmed. When taken into account, those mistakes cannot only be carefully avoided but can guide a company in executing robust background checks that offer peace of mind and allow its workforce, and living community, to prosper.

Jeff Ernste is chief sales and marketing officer with Minneapolis-based Orange Tree Employment Screening. For more than 30 years, Orange Tree has provided technology-enabled background screening, drug testing and occupational health services for clients nationwide.

The opinions expressed in each McKnight’s Senior Living marketplace column are those of the author and are not necessarily those of McKnight’s Senior Living.

Have a column idea? See our submission guidelines here.

In the highly regulated senior living industry, background checks are a crucial safeguard for the safety of residents and their sensitive information. Getting background checks right must be a continuing concern, as noncompliance with state or federal government requirements and debarment lists can result in severe consequences, including losing critical Medicare or Medicaid funding.

Manifold challenges

Employers must be aware of inherent challenges concerning background checks. Some of the most considerable background-checking mistakes include failing to obtain proper consent, obtaining outdated information, not following an adverse action process, and failing to comply with “Ban the Box” legislation. Those problems can be avoided if human resources personnel are current on all applicable federal and state laws and using screening services that follow regulations on consent and other Fair Credit Reporting Act rules. Senior living operators, through continuous monitoring, also must avoid employing workers who have violated state and federal laws.

Those regulatory requirements seem burdensome but make sense given the sensitive, highly personal nature of work and the risk of infractions that are highly actionable from a legal standpoint: personal injury and mishandling of patient (resident) information.

Navigating debarment lists

One significant risk factor around background checks for senior living operators is the chance that an employee is identified by either the Office of Inspector General or System for Award Management as having committed an infraction that bars the individual from working in the senior living sector. The high standards placed on providers and staff members mean that employers must stay aware of the processes used by these federal bodies and the state-level regulators where they operate. Moreover, as mentioned, the penalties for noncompliance can be severe, with eligibility for Medicare and Medicaid reimbursements potentially at risk.

At the federal level, the OIG maintains the list of excluded individuals/entities, a database of individuals and entities excluded from participation in Medicare and Medicaid. The list includes individuals convicted of healthcare fraud, patient abuse and neglect.

Similarly, System for Award Management maintains the Excluded Parties List System, a database of individuals and entities excluded from receiving federal contracts, grants, and other forms of federal assistance. The EPLS includes individuals who have been debarred or suspended from participating in federal programs due to fraud and other criminal activities.

And at the state level, various specific requirements and potential infractions exist. For example, in Minnesota, rather than “staying” with whomever commissioned the screening, the background check “travels” with the employee via state-level monitoring.

Pre-screening and ongoing compliance benefits

Pre-screenings reduce the number of people who must be checked against debarment lists and save considerable time. They can be most effective when they detect offenses, such as elder abuse, that almost automatically would put a candidate on a debarred list.

In addition, the ongoing need to screen for misconduct has made monthly checks the norm for detecting criminal violations in the senior living industry.

But although technology has made it easier to automate screenings, it does not prevent the need for policies that define what happens if a candidate or employee is debarred at the federal or state level.

In conclusion

Senior living organizations face unique challenges regarding background checks and compliance in ensuring the safety and well-being of their residents. By diligently adhering to federal and state regulations, using pre-screening services and maintaining ongoing monitoring of current employees, senior living operators can minimize the risk of employing individuals with histories of abuse or other infractions. 

Recognizing the broader implications of those measures, investing in technology and employee education can streamline background check processes while maintaining strict adherence to appropriate policies and procedures. Ultimately, those efforts contribute to a safer and more secure environment for senior living residents, fostering trust and peace of mind for their families and the community at large.

Jeff Ernste is chief sales and marketing officer with Minneapolis-based Orange Tree Employment Screening. For more than 30 years, Orange Tree has provided technology-enabled background screening, drug testing and occupational health services for clients nationwide. Find more information at www.orangetreescreening.com.

The opinions expressed in each McKnight’s Senior Living marketplace column are those of the author and are not necessarily those of McKnight’s Senior Living.

Have a column idea? See our submission guidelines here.