Article
Encouraging Healing for Home Health Aides.pdf
Criminal Law Bulletin
(2020)
Abstract
The United States faces a national crisis to provide adequate care
for its aging population. A critical component of this crisis is the
nation’s inability to provide enough home health care aides to assist
with important, if not vital, long-term care needs.
This Article identifies a labor pool to help resolve this crisis: quali-
fied workers with criminal convictions. But home health care aides
with criminal convictions face an inhospitable landscape. Employers
in the health care field are risk-averse to hiring these workers.
Furthermore, most states’ laws impose permanent employment bans
on home health aides with criminal convictions.
The Article examines the warren of laws used to disqualify home
health care aides with criminal convictions. It urges policymakers to
reexamine the underlying reasons for permanently disqualifying this
potential group of employees and concludes by outlining several
legal paths that would allow employers to hire home health aides
with criminal convictions.
Keywords
- home health,
- criminal record,
- health care industry
Disciplines
Publication Date
2020
Citation Information
Joann M. Sahl. "Encouraging Healing for Home Health Aides.pdf" Criminal Law Bulletin Vol. 56 Iss. 3 (2020) p. 405 - 443 Available at: http://works.bepress.com/joann_sahl/3/