December 20th, 2021
Check LEIE/OIG and check With the implementation of FBI-based fingerprinting in 2021, Long-term Care Regulation (LTCR) also implemented Occupations Code (OC), Chapter 53, related to the consequences of a criminal conviction, specifically the 2019 legislative update to OC §53.023 concerning additional factors for licensing authorities to consider after determining a conviction directly relates to the occupation.
Policy Details & Provider Responsibilities Long-term care facilities and agencies must check and continue to check an applicant’s criminal history, Nurse Aide Registry status, and Employee Misconduct Registry. Use the HHSC Employability Status Search at https://emr.dads.state.tx.us/DadsEMRWeb/ (link is external), which includes information regarding Sanctions. OC § 53 requires an employer to consider only convictions directly related to the occupation.
With this new implementation, it is possible for an individual to receive a license, permit, or certification who is not employable or only employable in limited settings according to Health and Safety Code (HSC) §250.006.
Beginning December 20, 2021, long-term care facilities and agencies must also check the Excel document linked below to determine if an individual is licensed/permitted/certified but is unemployable in one or more long-term care settings licensed by LTCR. This file contains the names of nursing facility administrators, nurse aides, and medication aides that have active licenses/permits/certifications but are unemployable according HSC §250.006 in one or more long-term care settings.
HHS is updating the Employability Search with information on active but employable individuals. Until this update is complete, providers will be required, in addition to checking the Employability Search, to check the Active but unemployable Excel File in the resources section of this Provider Letter.
Resources Active but unemployable Excel File
If you have any questions about this letter, please contact the Policy and Rules Section by email at LTCRPolicy@hhs.texas.gov or call (512) 438-3161.