Due Diligence and Legal Obligations of Employment Screening in Healthcare Organizations

28 Pages Posted: 26 Apr 2019

See all articles by John Winn

John Winn

Shenandoah University

Kevin H. Govern

Ave Maria University - Ave Maria School of Law

Date Written: 2018

Abstract

Few career fields are as dynamic as healthcare. Even non-clinical employees and volunteer staff may encounter risks or assume responsibilities unforeseeable in other career fields. Clinical workers in particular must respond to life and death workplace challenges with competence and compassion. Employee reliability is the single most important health system input. Reliability begins with thorough employment background screening. As they minimize risks from "bad hires," background investigations must also comply with federal, state, and local laws as well as industry standards and best practices. Although predicting the likelihood of future malfeasance by any single employee is impossible, effective backgrounding enhances quality of care, decreases risks, and lowers costs. Managing the vetting process with competence requires a solid working knowledge of all lawful steps needed to ensure full, due-diligence compliant background investigations. If a screening process is transparent and impartial with fair group outcomes, due diligence is satisfied.

Keywords: Due Diligence, Legal Obligation, Employment Screening, Healthcare Organizations

JEL Classification: I18, K29, K31

Suggested Citation

Winn, John and Govern, Kevin H., Due Diligence and Legal Obligations of Employment Screening in Healthcare Organizations (2018). University of Cincinnati Law Review, Vol. 87, No. 1, 2018, Available at SSRN: https://ssrn.com/abstract=3360756

John Winn

Shenandoah University ( email )

VA
United States

Kevin H. Govern (Contact Author)

Ave Maria University - Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5390 (Phone)

HOME PAGE: http://https://www.avemarialaw.edu/faculty/kevin-h-govern/

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