What if a person is hired or retained by the provider, but is subsequently arrested?
The criminal history information originally obtained by BCHI will continue to be updated, but only with respect to arrest activity in New York State (BCHI is unable to obtain arrest information from other states). The CHITS system will maintain a record of all applicants whose criminal histories were reviewed by BCHI that were subsequently hired by providers. Therefore, if information about a later arrest in New York is provided to BCHI with respect to a name that is in the CHITS database, BCHI will notify the provider. The provider is then responsible for conducting a safety assessment and taking any additional steps that it deems necessary to protect the health, safety and welfare of the clients receiving mental health services. The assessment and the steps taken must be documented so that this information is available to BCHI and other OMH regulatory compliance staff during a regulatory review.
