Mark,
In Ohio, the state created a list of criminal offenses that will exclude individuals from working with "vulnerable populations" across the health and human services sector. Offenses are categorized by tiers with the exclusion timeline limited from 3 years, 5 years, 7 years, 10 years, and permanent. Of course this approach did not take into consideration peers, paraprofessional case management staff, or the impact on licensed staff that are persons with lived experience.
Three years ago, Ohio Medicaid determined any person billing a Medicaid covered service must enroll as an individual practitioner to continue to bill Medicaid – this included all peers and case managers, not just licensed staff. This would have resulted in a significant number of people losing their jobs – and almost all the peer providers. This issue was front and center and after much advocacy, we were able to carve out an exception for staff employed in state certified and licensed mental health and addiction programs for all categories except the permanent exclusions. So far, we've been able to defend that. Further, our state peer certification amended their list of exclusionary offenses once we pointed out this continued to create collateral sanctions when people are working hard on recovery.
Our state does required background checks with the state Bureau of Criminal Investigation and FBI. The federal Family First Prevention Services Act updating child welfare and protection programs also increased background check requirements – Ohio opted add a new requirement for updated background checks every 4 years.
Here's links to the relevant rules – if they are relevant.
Medicaid Provider Screening and Application Fee: (A)(1)(d) contains the exemption to the list of criminal offense exclusions. The list of excluded offenses begins in (E).....and is very, very long.
MHAS Certified Peer Recovery Supporter: Disqualifying offenses are in (K)
Having lived through this advocacy effort, it's a difficult balance between public perception and protecting people from unscrupulous former felons with supporting people in recovery and preventing collateral sanctions. It took a lot of education on the role/value of lived experience in helping people find recovery and the enhanced therapeutic benefit. The concern over exploitation was significant – particularly when we are also going into people's home – and being compared to home health or nursing homes.
Teresa
Teresa Lampl, LISW-S, CEO
The Ohio Council of Behavioral Health & Family Services Providers
35 E. Gay Street, Suite 401, Columbus, OH 43215
lampl@theohiocouncil.org | 740-358-6567 (cell phone) | www.theohiocouncil.org
Advocating Today for a Healthy Tomorrow