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Tuesday, July 07, 2020

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At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

Social Media Screening by Employers Provides Valuable Information When Done Right!

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We’ve delved into this topic several times in recent months, discussing the possible perils and benefits of social media screening of candidates. The National Law Review posted an informative article titled “To Stalk or Not to Stalk….That Is the Question – Using Social Media for Applicant Review.” The focus of the article is social media screening, and they included some great best practice tips when using social media to screen applicants.

Ninth Circuit Decisions Outline Why Stand-Alone Disclosures Are So Important to Avoid Liability!

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The National Law Review published this article outlining Ninth Circuit decisions and requirements for Article III standing. The decisions also clarify when extraneous information on background screening disclosures can put employers at risk. Background screening disclosures and authorizations continue to be an area of litigation and it is important to get it right if you want to avoid lawsuits.

Health Care Industry Requirements. OIG/GSA explained!

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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?

Maryland Joins the Ban-The-Box Movement! General Assembly Overrides Governor Veto!

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The Maryland General Assembly passed Senate Bill 839/House Bill 994, The Criminal Record Screening Practices Act, in March of 2019. In May 2019, the Governor vetoed the Bill. And on January 30, 2020, the General Assembly voted to override the Governor’s veto. So, Maryland joins multiple other states, cities, and municipalities which ban-the box on employment applications.

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