Section 403-6-010 - CRIMINAL HISTORY010.01FELONY OR MISDEMEANOR STATEMENTS. The Department will deny or terminate the provider approval of an applicant or provider who refuses to sign a release of information. The following persons must sign a statement giving information about current charges, pending indictments, and convictions for felony or misdemeanor actions:(A) A person applying to be a provider of family services, before approval;(B) A provider of family support Waiver services, annually; and(C) Any member of the provider's household if services will be provided in the provider's home, before approval, and annually thereafter.010.02FOLLOW-UP INFORMATION. If additional information is needed to evaluate the criminal history of the provider or household member, the Department will: (A) Obtain a release of information from the provider or household member; and(B) Request available information from law enforcement.010.03DENIAL OR TERMINATION OF PROVIDER CERTIFICATION. Providers may not allow employees or independent contractors to work with participants served by the provider when charges are pending disposition or the employee or independent contractor has been convicted of a disqualifying crime. Please refer to Title 404 NAC 4-003.02 for the listed crimes.010.04PROVIDER'S RIGHT TO CONTEST A DECISION. A provider of family Waiver services has the right to appeal for a hearing of an action that has a direct adverse effect on the provider. See 471 NAC 2. Hearings are scheduled and conducted according to the procedures set forth in 465 NAC 6.403 Neb. Admin. Code, ch. 6, § 010
Adopted effective 5/7/2024