As an employer, can I hire an individual who has a disqualifying finding (identified in section 192.2495, RSMo.) reported in his or her background screening while awaiting the results of the GCW application?

Employers are responsible for ultimately making their own hiring/firing decisions. Licensed home health agencies and in-home services contractors may choose to retain an employee hired prior to August 28, 2003 (the effective date of SB 556) who has a disqualifying finding as long as the individual has made an application for a GCW. Any individual newly hired on or after August 28, 2003 may be employed on a conditional basis, following submission of a completed waiver application, to provide in-home services or home health services to clients or patients while they await the results of the waiver process if:
  • The applicant has never been convicted of, pled guilty to or nolo contendere in this state or any other state and has never been found guilty of a crime which if committed in Missouri would be a class A or B felony violation of chapter 565, RSMo (Offenses Against the Person); chapter 566, RSMo (Sexual Offenses), or chapter 569, RSMo (Robbery, Arson, Burglary and Related Offenses), or any violation of subsection 3 of section 198.070, RSMo (required reporter that knowingly fails to report abuse or neglect of a resident of a residential care, intermediate care or skilled nursing facility) or section 568.020, RSMo (Incest); and
  • The applicant is not listed on the Department of Health and Senior Services Employee Disqualification List established pursuant to section 192.2490, RSMo.

If a GCW is denied to an applicant employed on or after August 28, 2003, on a conditional basis, the conditional employment shall immediately terminate.
NOTE: Conditional employment is not an option for disqualified individuals who want to work for a hospital, long-term care facility, adult day care or hospice, or who provide consumer directed services.

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