|Action||Provision of provider statement to any other provider|
|Comment Period||Ended on 10/14/2020|
The development and insertion of this proposed language is problematic for a number of reasons. Requiring a provider to produce a written statement regarding subjective parameters (e.g., character, fit) related to a candidate’s employment with a new employer is creating the potential for far reaching, negative ramifications for the previous employer and, possibly, the Department of Behavioral Health. A previous employer adequately satisfies their obligations by reporting to applicable entities (e.g., APS, CMS) and, at a minimum, verifying dates of employment, indicating whether an employee is eligible for rehire, etc. Any provision of information beyond this could result in complaints/grievances and legal action against the previous employer, as well as potentially jeopardizing a former employee’s chances at future employment. While there is certainly the need to ensure the most qualified workforce is recruited, this proposed regulatory update does not assist in this process.