Frequently Asked Questions

What is a Good Cause Waiver (GCW)?
What background screening findings disqualify an individual from employment in section 660.317, RSMo?
What background screening findings are not eligible to be waived?
As an employer, can I hire an individual who has a disqualifying finding (identified in section 660.317, RSMo.) reported in his or her background screening while awaiting the results of the GCW application?
Who do I contact to determine whether an employee may work conditionally? 
What information is required to apply for a GCW?
What information is taken into consideration during the review of the GCW application?
How will I be notified regarding the outcome of a GCW?
If a GCW application is denied, can I reapply?
As an employer, how do I verify that a GCW has been granted or is still valid?

What is a Good Cause Waiver (GCW)?
Section 660.317, RSMo, requires regulated health care employers, such as long-term care facilities, hospitals, home health agencies, in-home services providers and consumer directed services programs under contract with the Department of Health and Senior Services, hospices, and adult day care providers to obtain a background screening prior to hiring an employee. For in-home services providers, consumer directed services providers and home health agencies, this includes checking the Family Care Safety Registry (FCSR) (Sections 210.900 - 210.936, RSMo.) This statute states that an individual with a certain type of finding identified in his or her background screening cannot be hired by these employers. However, in certain circumstances, the individual has the right to apply for a GCW that, if granted, would waive the legal hiring restriction and allow him or her to be employed..

What background screening findings disqualify an individual from employment in section 660.317, RSMo?
The answer to this question depends upon the type of employer and the type of background screening finding identified:

What background screening findings are not eligible to be waived?
Individuals who are currently on the Employee Disqualification List (EDL) maintained by the Department of Health and Senior Services are not eligible for a GCW.

As an employer, can I hire an individual who has a disqualifying finding (identified in section 660.317, RSMo.) reported in his or her background screening while awaiting the results of the GCW application?
Employers are responsible for ultimately making their own hiring/firing decisions. Licensed home health agencies and in-home service contractors may choose to retain an employee hired prior to August 28, 2003 (the effective date of SB 556) who has a disqualifying finding as long as the individual has made an application for a GCW. Any individual newly hired on or after August 28, 2003 may be employed on a conditional basis, following submission of a completed waiver application, to provide in-home services or home health services to clients or patients while they await the results of the waiver process if:

If a GCW is denied to an applicant employed on or after August 28, 2003, on a conditional basis, the conditional employment shall immediately terminate.
NOTE: Conditional employment is not an option for disqualified individuals who want to work for a hospital, long-term care facility, adult day care or hospice, or who provide consumer directed services.

Who do I contact to determine whether an employee may work conditionally?
Employers must follow the rules and regulations issued to them by the agency that licenses or regulates them. Questions about conditional employment can be directed to the Department of Health and Senior Services licensing or quality assurance program staff assigned to work with the provider:

What information is required to apply for a GCW?
A completed Application for Good Cause Waiver AND:

Include (if applicable):

What information is taken into consideration during the review of the GCW application?
A professional panel will review the information submitted and will base a decision on:

How will I be notified regarding the outcome of a GCW?
Complete applications for GCW will be reviewed by a panel of health professionals. Applicants will be notified by mail regarding the decision. To check on the status of an application, please go to: Search Registrant.

If a GCW application is denied, can I reapply?
Yes, you may reapply one year from the date of the denial.

As an employer, how do I verify that a GCW has been granted or is still valid?
If an individual being considered for employment reveals the existence of a GCW or reveals the existence of an otherwise disqualifying finding, it is the employer’s responsibility to verify whether a GCW was granted and if the waiver is still valid. An Employer may verify the status by: