Title 42
State Affairs and Government

Chapter 7.2
Office of Health and Human Services

§ 42-7.2-18.2. Professional responsibility — Criminal records check disqualifying information for high-risk providers.

(a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the executive office of health and human services disqualifying the applicant from being a Medicaid provider: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony larceny, or felony banking law violations, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elder persons, or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)). An applicant against whom disqualifying information has been found, for purposes of appeal, may provide a copy of the national criminal records check to the executive office of health and human services, which shall make a judgment regarding the approval of or the continued status of that person as a provider.

(b) For purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.