Background Checks at Tidepool

Drafted: 2023-05-31
Launched: 2023-07-01

Summary:

• Beginning July 1, 2023, Tidepool will conduct criminal, US Department of Health and Human Services (HHS), and Federal Drug Administration (FDA) eligibility background checks. These checks will be performed on all current and future employees and any current and future consultants or contractors with access to Private Health Information (PHI).

• Results from background checks will only be used to determine work eligibility conformance with federal law (e.g. Medicare requirements for processing of PHI), and compliance with BAA and service agreements with clinics.

• Results from background checks will only be viewed by the VP of People, and if necessary to determine legal compliance, the CEO or COO.

• Background checks for new employees will only be conducted after a conditional offer has been extended.

• Background checks for existing employees (all) and contractors or consultants (with access to PHI) will also be conducted.

• Background checks will be conducted using these three mechanisms:

  • Using Checkr (via Zenefits, standard checks, details below)

  • Using the HHS OIG Exclusion Database

  • Using the FDA Debarment List

Historical Background: Tidepool’s Background Check Policy

As a matter of general policy and belief, historically Tidepool has not required employees or contractors to undergo background checks. The reasons for this are many, but the primary rationale is that background checks may serve to perpetuate discrimination and racial disparities. For an excellent article on this topic, see “Ban the Box and Racial Discrimination.”

In 2022, Tidepool launched Tidepool+, an enterprise tier of Tidepool’s data management platform. As part of this initiative, Tidepool enters into contracts and agreements with US-based clinics subject to federal Medicare and HIPAA rules. These agreements typically include language requiring background checks for subcontractors like Tidepool who process PHI (protected health information) (ref).

Due to the need to enter into contracts with US-based clinics, in 2023, Tidepool made the decision to institute employment background checks. Beginning on July 1, 2023, Tidepool will conduct background checks only after a conditional employment offer has been extended. Background checks will also be required for all existing employees and for consultants and contractors with access to PHI. To ensure equal opportunity to advance through the application process and follow California regulations (Assembly Bill 1008 - “Ban the Box”), Tidepool will not ask about criminal histories or felony convictions before we issue a conditional job offer.

Tidepool Background Check Policy Detail

If you are an employee being added to Tidepool’s payroll and located within the United States, Tidepool will conduct background checks through Zenefits, which uses a third-party provider, Checkr. If you are a contractor or consultant with access to Protected Health Information (PHI), background checks will also be done separately through Checkr.

For employees within the United States, Tidepool will perform Checkr’s Standard Background Checks which include: Social Security validation, national criminal records, sex offender list, address history, county criminal records, and terror watchlist for national, state, and current county of residence. Background checks typically take 2-9 business days to complete and will require active participation by the candidate (authorization and sometimes a photo of ID). For those outside the United States, results may include criminal records and possible inclusion on a global watchlist.

Separately, for all employees, and consultants and contractors with access to PHI, we will also do a background check using the HSS OIG Exclusion Database and the FDA Debarment List. This is a quick background check that is done through publicly accessed databases.

All results will be strictly confidential. The VP of People and Finance will be responsible for viewing each background check, and the CEO or COO in the VP’s absence. Access to all background checks will be limited to the employee, the VP of People and Finance, and the CEO or COO. If necessary, the CEO or COO will only view results to determine legal eligibility.

Background Checks FAQs:

Q: Do I need to pay for my own background check?
A: No. Tidepool pays for all background checks.

Q: What is being checked when Checkr runs a background check?
A: For those located inside the United States - SSN Verification, national criminal records, sex offender list, address history, county criminal records, and terror watchlist for national, state, and current county of residence. For those outside of the United States - criminal records and possible inclusion on a global watchlist.

Q: Can background check results change the nature of my employment?
A: This is highly unlikely. If you are a current employee or have been offered conditional employment, you’ve been thoroughly interviewed, assessed, and are seemingly a great fit for the Tidepool team. We want to do our best to ensure that all candidates who have received a conditional offer can join the Tidepool team.

Q: Under what conditions might my conditional employment offer be rescinded, or my existing employment be terminated based on the results of a background check?
A: There are very few reasons why this might happen. Examples include:

• You have a criminal history of conviction for activities that are relevant to Tidepool’s legal commitment to secure protected health information (e.g., a history of criminal data privacy violations or criminal cybersecurity activity).

• You are on the HHS OIG exclusion list.

• You are on the FDA debarment list.

Q: What happens if Tidepool changes my employment status based on a background check?
A: Again, this is highly unlikely. If this ever were to be the case, Tidepool is required to work directly with Checkr to send a pre-adverse action notification that:

• Informs the individual that their application will be denied based on the report.

• Includes a copy of the background check and a copy of A Summary of Your Rights under the Fair Credit Reporting Act.

• Provides a reasonable period of time to dispute the results.

• And, follows up with an official adverse action notice.

Q: Who will see my background check results?
A: The VP of People and Finance reviews all background check results. The CEO or COO  will have access to the results but will not view the results unless requested by the VP of People and Finance. All information obtained in the background check process will be kept strictly confidential.

Q: Can I dispute my results?
A: Yes. If the background check report contains inaccurate information, you can request that Checkr runs an investigation report. Checkr can be reached at 1-844-2-Checkr or via email at support@checkr.com. To complicate matters, some states allow individuals full access to their background checks, while other states do not. Whether you can see your background check will depend on your state. Regardless, Tidepool is required, upon request, to give the requestor any publicly available information that may crop up on a background check.

Q: What if I don’t want to authorize a background check?
A: That is your right, however, a completed background check will be a requirement of employment at Tidepool as of July 1, 2023. 

Q: I’ve been a Tidepool employee for months/years. Are you asking me to participate in a background check?
A:  Yes, based on Tidepool’s entering into contracts with clinics that require this, it is now a requirement for us.

Q: Who regulates background checks?
A: Background checks are regulated by the federal Fair Credit Reporting Act. Your rights under FCRA are summarized here.

Q: Will you keep my background check results? And for how long?
A: Once employment eligibility has been determined, and for one year following the check, background check results will be stored in a secure archive that is only accessible to the VP of People, CEO, and COO.

Q: Can you help me understand the steps to conduct a background check?
A: Yes. Here is a diagram published by Checkr that explains their background check process (please click on the diagram for an increased size):

Open

Q: Can you provide a summary chart of the different checks?
A: Yes.