37.34.2102    STAFFING: STAFF COMPETENCIES

(1) The contractor must have, for each staff position, a written position description that specifies the physical requirements and the minimum standards for education and experience.

(2) The contractor must conduct a screening and a background check of a person prior to a person assuming their duties and responsibilities. A screening and background check must include a criminal background check through the Montana Department of Justice or another background check entity that provides a national background check.

(3) The contractor must verify to the department, upon hire, that each staff person has the ability to meet the competencies to perform the tasks and responsibilities of their position in the provision of developmental disabilities program services.

(4) The contractor must verify to the department, annually, that each staff person has the ability to meet the competencies to perform the tasks and responsibilities of their position in the provision of developmental disabilities program services, as determined by completion of the training requirements within the established timeframes.

(5) Upon hiring of a staff person, inclusive of administrative and management services, the contractor must review the list of excluded individuals and entities maintained by the Office of Inspector General of the U.S. Department of Health and Human Services and the excluded parties list system at the System for Award Management maintained by the federal General Services Administration (GSA) to determine whether the person appears on either of these lists and if the person appears on one of the lists, must:

(a) report the listing to the department immediately; and

(b) take the appropriate action to terminate the person if the person is employed in a manner that is not permissible under the applicable federal requirements.

History: 53-20-204, MCA; IMP, 53-20-205, MCA; NEW, 1995 MAR p. 1136, Eff. 6/30/95; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2013 MAR p. 1847, Eff. 10/18/13