How and why can a CNA in Iowa be fired?

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asked in Work by anonymous
For example, can a CNA be fired if she is arrested?

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answered by Mariah

You can be fired for a variety of reasons as with any other job. Some of the more common reasons are not showing up for work and not calling in to tell your supervisor you will not be coming in, not keeping proper documentation, abuse, neglect and theft. Federal regulation prohibits employing individuals who have certain types of convictions (arrest might not be enough since the individual might be found not guilty) or who have certain findings entered against them in state nurse aide registries. In addition, some states have more specifically identified types of convictions that prohibit individuals from obtaining employment in nursing facilities. States differ in regard to what types of convictions disqualify individuals and how recently a conviction must have occurred to disqualify them.

Federal regulation prohibits Medicare and Medicaid nursing facilities from employing individuals found guilty of abusing, neglecting, or mistreating residents by a court of law. Employment of individuals who have had a finding entered into the state nurse aide registry concerning abuse, neglect, or mistreatment of residents or misappropriation of their property is also prohibited.

State background check requirements vary in terms of what must be checked and who must be checked. In Iowa, a person employed by a facility is required by law to inform their employer within 48 hours of any criminal conviction. The employer must then verify the information within 48 hours of notification. If the information is validated by running a criminal background and abuse check, an evaluation by the Department of Human Services (DHS) must be done to determine continued employment eligibility.

In Iowa, when an employer is considering hiring a CNA, they are required by law to check 4 different registries with 3 different state agencies. The Iowa Department of Inspections and Appeals houses the Iowa Direct Care Worker Registry, and the Department of Human Services (DHS) houses the Central Abuse Registry, which includes the Dependent Adult and Child Abuse Registry. The Department of Public Safety, Division of Criminal Investigation provides the Criminal Background Check. A “hit” is generated when there is a conviction on the Criminal Background Check or a finding of abuse on the Central Abuse Registry check. When a “hit” is triggered by something that is listed on either a CNA’s Criminal Background or Central Abuse Registry check, it requires a Record Check Evaluation by the Department of Human Services. DHS will then determine whether a CNA is employable at that specific employer at that time.