Individuals who are currently on the Employee Disqualification List (EDL) maintained by the Department of Health and Senior Services are not eligible for a GCW.

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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