DSS Clarifies Requirements on Contractual Employees

VCAL (2/29/2008)

VCAL recently contacted the Department of Social Services (DSS) to seek clarification on a regulatory requirement regarding employees hired on a contractual basis, specifically the necessity to conduct reference checks.  The request was a result of a citation imposed on a facility for not checking references on contract personnel.

DSS has responded with the following updated Technical Assistance (TA) clarifying hiring requirements for contact employees.  Staff has indicated that the amplification will be included in the next updated TA document once it is published.  

22 VAC 40-72-480 and 620 G – Health care oversight
Question:  Does a licensed health care professional, dietitian or nutritionist hired on a contractual basis have to meet the requirements for staff, such as references, background checks, tuberculosis screening?
Answer:  An individual hired on a contractual basis, such as a licensed health care professional, dietitian or nutritionist, does not have to meet the requirements for staff when all of the following conditions are met:

• The individual is hired on a contractual basis to perform a specific, limited function;
• The individual does not perform any direct care staff functions;
• The individual is present at the facility on an infrequent or occasional basis; and
• The individual works under the supervision of the administrator or his designee who meets the requirements for staff.

Please note that this does not exclude a person from meeting the requirements of his profession, such as those for a Registered Nurse or Licensed Practical Nurse.