Good Cause Waiver

Section 660.317, RSMo, requires regulated health care employers, such as long term care facilities, hospitals, home health agencies, hospices, adult day care providers, and in-home services providers and consumer directed services programs under contract with the Department of Health and Senior Services, to obtain background screenings prior to hiring an employee. In-home services providers, consumer directed services providers, and home health agencies are required to conduct background screenings by checking the Family Care Safety Registry (FCSR) (Sections 210.900 - 210.936, RSMo). Findings reported by the FCSR include substantiated child abuse or neglect, open criminal records, sex offender registry, placement on the Department of Health and Senior Services Employee Disqualification List (EDL), placement on the Department of Mental Health’s Employee Disqualification Registry, or denial/revocation/suspension of a foster parent license or child care provider license. Section 660.317 states that an individual with a certain type of criminal history finding identified in their background screening cannot be hired by these employers. It further states that an individual with any FCSR finding cannot be hired by a regulated home health agency, or an in-home services provider or consumer directed services program under contract with the Department of Health and Senior Services.

An individual who has been disqualified from employment with one of the above provider types has the right to apply for a Good Cause Waiver (GCW), which, if granted, would not correct or remove the finding, but would remove the hiring restriction and allow the individual to be employed. This includes those individuals who have committed a crime against persons and thus have been disqualified from employment in a regulated nursing home, hospital, adult day care or hospice; and those individuals who have any FCSR finding and thus have been disqualified from employment by a regulated home health agency or in-home services provider or consumer directed services program under contract with the Department of Health and Senior Services (see NOTE 1 below).

NOTE 1: An individual who has been placed on the Department of Health and Senior Services EDL is not eligible to receive a GCW. Such individuals are automatically disqualified from working in a regulated long-term care facility, hospital, hospice, adult day care, home health agency or for an in-home services provider or consumer directed services program under contract with the Missouri Department of Health and Senior Services.

NOTE 2: The Good Cause Waiver process is not applicable to those seeking employment with a child care provider licensed by the Department of Health and Senior Services. If you are seeking employment with a licensed child care provider and have a finding reported by the FCSR, please go to: Background Screening Process.

How to Apply

To apply for a Good Cause Waiver from the Department of Health and Senior Services, an individual must:

Include (if applicable):

Explain any pending charges that might lead to your inclusion on the Department of Mental Health Employee Disqualification List.

How to Check on the Status of a Good Cause Waiver

If an individual being considered for employment reveals the existence of a GCW or reveals the existence of an otherwise disqualifying finding, it is the employer’s responsibility to verify whether a GCW was granted and if the waiver is still valid. An Employer may verify the status by:

The status of an application may also be checked at: Has An Application Been Submitted?

Laws:

Regulations:

Applications & Forms