The law takes effect on August 25, 2020, and employers with more than 15 employees will have to comply. The law prohibits asking questions about an applicant’s criminal history until after an application has been submitted and an initial interview has been conducted, with some exceptions.

We found this Forbes article discussing the current challenges of obtaining candidate’s information due to court closures during the coronavirus pandemic. The article highlights the perils and potential risks associated with relaxing and changing policies around to navigate current circumstances, but those changes might possibly create discriminatory practices going forward. The article also discusses alternate screening methods some employers are adopting, such as social media screening, to close gaps where traditional screening results are not currently available.

The HHS Office of Inspector General (OIG) issued an Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs on May 8, 2013. These guidelines recommend that health care providers screen their employees and contractors monthly to confirm that they are not on the OIG’s List of Excluded Individuals/Entities (EXCLUSION LIST).

In the past few years, we have seen an influx of complex regulations and increased litigation in the industry, making it even more difficult for companies to adhere to compliance best practices. Inadequate due diligence and negligent hiring practices in the healthcare sector harms not only an organization, but its patients, as well. More often than not, poor hiring decisions are a contributing factor in the rise of lawsuits, medical malpractice claims, and subsequent multimillion dollar settlements.

The big questions?

• Is your business in the health care industry?
• Do you participate in any Federal health care programs?
• Do you receive any Federal funding?
• Are you aware of the screening requirements?

Quest Diagnostics posted on their blog about the precautions they are taking during the coronavirus pandemic. We’re providing the information to you to ease your concerns about drug testing at this time.

This just in from the Department of Homeland Security: Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first.