Mandatory Reporting - PART II
Adult protection laws can have an impact on internal hiring decisions of assisted living facilities. Operators and Human Resource managers in Arizona should be aware of the APS Registry, and how to search the list for a name of an applicant or existing staff member. The Registry’s purpose is to prevent vulnerable adults and children from being victimized by individuals who have been found, through an APS investigation and due process, to have abused, neglected or exploited a vulnerable adult. These are the people who “have been reported.”
Although AZ Department of Health Services regulations do not presently mandate searching the Arizona APS Registry prior to hire, an AHCCCS policy guidance applies to assisted living facilities participating in the ALTCS program: ALTCS screening guidance.
Employers are encouraged to review the list routinely to ensure that no members of your current workforce were added to it (perhaps as a result of a second position held with another employer, or as a result of an investigation that was not concluded prior to their hire at your facility). Individuals should likewise ensure that their name is not inadvertently listed as a result of some investigation that they may not have been aware of.
In Arizona, someone can have a valid Fingerprint Clearance Card, yet still be listed on the APS registry. Thus, it is a good practice to review the registry as part of a new hire’s background check.
As of March 11, 2022, there were 2,007 entries on the Arizona APS Registry. The actual number of persons listed is less than 2,000, however, because some of the entries identify the same individual for different incidents. See https://des.az.gov/APSRegistry
For a state-by-state reference of Adult Protective Services statutes, and to determine what states have publicly-available registries similar to Arizona, refer to the ABA state by state list of adult protection legislation.
Look for more weekly blog posts on topics of interest to Assisted Living and Behavioral Health operators. The information herein is intended to be educational and an introduction to the subject matter presented. It is NOT specific legal advice to be relied upon for specific individual circumstances. Contact your own legal professional or reach out to our firm if you would like specific advice on this topic. We welcome topic suggestions! Write to info@pinkowskilaw.com if you are curious to learn more about a certain topic impacting assisted living or other group housing concerns.