HHSC Publishes Acceptable Documentation for a Criminal History Check for Contractors (IL 2021-48)

HHSC has published IL 2021-48 (PDF).

This letter is provided as a companion letter to PL 2019-01 (PDF) which describes acceptable documentation a contractor may use to demonstrate the contractor conducted a criminal history check of an employment applicant or an employee. Licensed contractors must continue to follow the guidance outlined in PL 2019-01. Unlicensed contractors must follow the guidance in this information letter.

The Health and Human Services Commission (HHSC) contract monitoring staff will not ask contractors to submit or otherwise make available their criminal history reports for review. Instead, HHSC staff will ask contractors to provide evidence of the date they conducted the required DPS criminal history checks and determined there were no unlicensed employees, subcontractors, or volunteers with bars to employment.

To demonstrate this has been completed, a contractor must maintain a log or choose another form of documentation that includes all of the elements listed on the example log Attachment 1. (See Attachment 1 below)
If the log is complete and accurate, HHSC contract monitoring staff must accept it as evidence a contractor conducted the criminal history check in accordance with contracting rules and licensure requirements, if applicable.

For questions about this information letter, please contact LTSSpolicy@hhs.texas.gov