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87 U. Cin. L. Rev. 1 (2018-2019)

handle is hein.journals/ucinlr87 and id is 1 raw text is: DUE DILIGENCE AND LEGAL OBLIGATIONS OF EMPLOYMENT SCREENING IN HEALTHCARE ORGANIZATIONS John Winn, JD, LLMt and Kevin H. Govern, JD, LLMtt 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. I. BACKGROUND Once considered safe havens, healthcare institutions today are confronting steadily increasing rates of crime, including violent crimes such as assault, rape, and homicide. As criminal activity spills over from the streets onto healthcare campuses and through their doors, providing for the safety and security of all patients, visitors, and staff requires increasing vigilant attention and action by safety and security personnel as well as all healthcare staff and providers. - The Joint Commission, Sentinel Event Alert, Issue 451 t John Winn, JD, LLM is a Professor of Business Law at the Harry F. Byrd, Jr. School of Business at Shenandoah University in Winchester, Virginia. Mr. Winn also served in the Army, Judge Advocate General's Corps (JAG) from 1985 through 2005. Among various military assignments, Mr. Winn was on the Law Faculty at the United States Military Academy, West Point as well as Department of Criminal Law at the Army Judge Advocate General's School, Charlottesville, Virginia. He is admitted to practice in North Carolina, The Court of Appeals for the Armed Forces, and the United States Supreme Court. tt Kevin Govern, JD, LLM is a Professor of Law at the Ave Maria School of Law in Naples, Florida. Mr. Govern also served in the Army, Judge Advocate General's Corps (JAG) from 1987 through 2007. Among various military assignments, Mr. Govern was an Assistant Professor of Law on the Law Faculty at the United States Military Academy, West Point and has been an instructor for John Jay 1

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