Which Texas Health and Human Services Commission (HHSC) regulated facilities and agencies are required to check the Employee Misconduct Registry (EMR) and Nurse Aide Registry (NAR) before hiring an unlicensed employee to determine if they are employable?
The following facilities and agencies must check the EMR:
- nursing facilities
- intermediate care facilities for individuals with an intellectual disability or related condition (ICF/IID)
- state supported living centers (SSLCs)
- assisted living facilities (ALF)
- adult foster care facilities
- day activity health services (DAHS)
- home and community support services agencies (HCSSAs)
- state hospitals
- prescribed pediatric extended care centers (PPECC)
- consumer directed services (CDS)
- home and community-based services (HCS)
- individualized skills and socialization providers (ISS)
Which unlicensed employees must employers check against the EMR before hire and annually?
All unlicensed employees who work for HHSC regulated agencies or facilities.
What is the time frame for placing an unlicensed employee on the EMR?
When all due process options are exhausted by the employee and if the finding of reportable conduct is sustained, the employee is listed as unemployable. The time frame is specific to each individual case.
What method can I use to verify employability in HHSC regulated agencies or facilities?
The Employability Status Check Search website is accessible online to the public. Enter “Texas Employability Status Check” into a search engine to locate the website or view the website here.
The website is searchable by entering the individual’s Social Security Number (SSN) or name. Using the correct SSN is the most accurate method to conduct a search.
How can I make a complaint about unlicensed staff?
Call the toll-free HHSC Complaint and Incident Intake Hotline at 1-800-458-9858.
What are agencies or facilities required to do once they believe an unlicensed employee has abused, neglected or exploited a resident or individual?
Agencies and facilities are required to make an incident report to the HHSC Complaint and Incident Intake line at 1-800-458-9858.
Who can make an EMR referral?
Upon completion of the HHSC investigation, if reportable conduct is confirmed, only HHSC surveyors or investigators may refer agency or facility employees to the EMR.
How long is a person listed on the EMR as unemployable?
Once listed on the EMR, a person is permanently unemployable in any HHSC regulated agency or facility in the state of Texas.
How do I determine the date an individual was placed on the EMR?
The date of EMR placement is accessible by checking the Employability Status Check Search website, which displays the “Registry Enter Date”.
What should I do if an individual’s SSN shows they are “unemployable”, but their SSN does not match the name or spelling I have for the individual?
All employees placed on the EMR are listed according to their SSN and first and last name. However, names may change over time. The most effective way to conduct a search is:
- Access the Employability Status Check Search website.
- Enter the individual’s SSN and select “submit”.
- Then remove the SSN, enter the individual’s first and last name, and select “submit”.
If the results return a different name, spelling or SSN that do not provide a clear answer about the individual’s employability, email the EMR coordinator.