Criminal background check results may be provided to the Department of Medical Assistance Services for audit purposes.
Here, the Department’s director found that MPS Healthcare Inc. must reimburse the agency for an overpayment of $63,972, based on failure to maintain adequate documentation of criminal background checks. MPS maintains that, pursuant to Code § 19.2-389, the criminal background check results for nurses who were part of the audit could not be released to the Department. But when Code § 19.2-389 is read in conjunction with Code § 32.1-162.9:1 and 12 VAC 30-120-1730(A)(5), MPS was clearly required to procure background checks for its employees within 30 days of hiring and document the criminal record checks performed in compliance with Code § 32.1-162.9:1. MPS was also required to provide such documentation to the Department upon request.
The legislature intended agencies to be given access to the results of criminal background check results for employment purposes. To ensure that Medicaid providers are complying with regulatory and statutory requirements of performing criminal background checks on all employees, the Department’s auditors should be given access to the results of the checks.
MPS shall reimburse the Department in the overpayment amount of $63,972.