Quick Answer

Conditional. Bayhealth Medical Center hires individuals with felony convictions for certain non-clinical positions, but healthcare employment involves significant regulatory barriers that create mandatory disqualifications for many roles. As central and southern Delaware's largest healthcare system with more than 4,000 employees across two hospitals and numerous outpatient facilities, Bayhealth operates under strict federal and state regulations governing healthcare worker background checks.

The most significant barrier is the OIG Exclusion List (LEIE)—individuals excluded from federal healthcare programs are permanently barred from any position at Bayhealth. Delaware law mandates national criminal background checks including FBI fingerprints for positions with patient access, and the Adult Abuse Registry must be checked before any healthcare hire.

The greatest barriers are created by felonies related to patient abuse or neglect (often mandatory disqualification), healthcare fraud (OIG exclusion), and controlled substance offenses (permanent bar for clinical roles). Recent offenses within the past 7 years face the highest scrutiny regardless of type.

Best opportunities exist in Environmental Services (EVS), Food Services/Dietary, Facilities/Maintenance, and non-clinical support roles that may fall outside the strictest regulatory requirements for direct patient care positions.

Table of Content

1. Quick Answer

2. Felon-Friendly Scorecard

3. Eligibility Checklist

4. Critical Regulatory Information

5. Company Overview

6. Hiring Policy Analysis

7. Background Check Process

8. Application Strategy

9. Tips for Applicants with Records

10. Benefits Overview

11. Frequently Asked Questions

12. Alternative Second Chance Employers

13. Conclusion

14. Disclaimer

Felon-Friendly Scorecard

Eligibility Checklist

Before applying, honestly assess whether you meet these baseline requirements:

• Not on OIG Exclusion List: The List of Excluded Individuals/Entities (LEIE) is an absolute bar to healthcare employment. Check your status at oig.hhs.gov/exclusions before applying.

  
  

• Not on Delaware Adult Abuse Registry: Healthcare employers are legally required to check this registry before hiring. Substantiated findings of abuse, neglect, mistreatment, or financial exploitation bar employment.

  
  

• No Mandatory Disqualifying Convictions: Delaware law mandates disqualification for specified serious felonies including patient abuse, sexual offenses, and certain violent crimes for positions with direct patient access.

  
  

• Drug Screen Compliance: Must pass mandatory pre-employment drug test. Healthcare employers maintain zero-tolerance drug policies due to access to controlled substances and patient safety concerns.

  
  

• Honesty is Paramount: Must be completely honest about criminal history when asked. Comprehensive national background checks will reveal your record. Dishonesty is an automatic disqualifier.

  
  

• Work Authorization: Must be legally authorized to work in the United States and able to provide required I-9 documentation.

  
  

• Physical Requirements: Many positions require standing, walking, lifting up to 50 pounds, and working in fast-paced healthcare environments.

Critical Regulatory Information

Understanding the legal landscape for criminal records in healthcare employment is essential for Second Chance applicants. Bayhealth operates under multiple overlapping federal and state regulatory requirements that create unique barriers beyond those faced in other industries. Unlike retail or manufacturing, healthcare has mandatory exclusions that cannot be waived through individualized assessment.

EEOC Guidelines

The Equal Employment Opportunity Commission advises employers not to automatically refuse to consider an applicant because of a criminal record. Employers must conduct an individualized assessment considering the Green Factors:

(1) Nature and gravity of the offense;

(2) Time elapsed since the offense and/or completion of sentence;

(3) Nature of the job sought and its relationship to the offense. However, EEOC guidance explicitly recognizes that certain regulatory exclusions—like those mandated by CMS and OIG—override individualized assessment requirements.

FCRA Requirements

If a third party conducts the background check and a job offer is denied based on the report, Bayhealth must comply with the Fair Credit Reporting Act (FCRA) adverse action procedures:

(1) Provide pre-adverse action notice with a copy of the report and summary of FCRA rights;

(2) Allow reasonable time to dispute inaccuracies;

(3) Provide final adverse action notice if decision stands after review. The FCRA generally limits reporting of non-conviction adverse information to 7 years, but criminal convictions can be reported indefinitely.

State-Specific Considerations

Delaware's ban-the-box law (HB 167, enacted 2014) applies only to public employers—state agencies and political subdivisions. As a private non-profit healthcare system, Bayhealth is not covered by this law and may inquire about criminal history on initial applications. However, Delaware law mandates national criminal background checks through the Background Check Center (BCC) for all employees in long-term care facilities and home health agencies, including FBI fingerprint checks. The Adult Abuse Registry must be checked before any healthcare hire, with penalties of $1,000-$5,000 per violation for employers who fail to comply.

Healthcare-Specific Considerations

Healthcare employment involves unique regulatory requirements that create absolute barriers beyond typical employment screening:

• OIG Exclusion List (LEIE): The Office of Inspector General maintains a permanent exclusion list. Anyone on the LEIE cannot work in any capacity at a healthcare organization receiving federal healthcare program payments. Exclusions result from Medicare/Medicaid fraud, patient abuse/neglect, felony controlled substance convictions, and healthcare-related financial misconduct.

  
  

• Mandatory Exclusions: Federal law requires OIG to exclude individuals convicted of program-related crimes, patient abuse/neglect, felony healthcare fraud, and felony controlled substance offenses. Minimum exclusion is 5 years.

  
  

• Civil Monetary Penalties: Healthcare organizations that employ excluded individuals face penalties up to $100,000 per item/service plus three times the amount claimed. This creates zero tolerance for excluded individuals.

  
  

• Professional Licensing: Clinical positions require state professional licenses (nursing, pharmacy, radiology, etc.) which conduct their own background checks and have independent disqualification criteria.

Company Overview

Bayhealth Medical Center is central and southern Delaware's largest healthcare system, serving the healthcare needs of Kent and Sussex counties. The not-for-profit organization operates two acute-care hospitals with a combined 418 beds: Bayhealth Hospital, Kent Campus (266 beds) in Dover and Bayhealth Hospital, Sussex Campus (152 beds) in Milford. The system also operates a freestanding Emergency Department in Smyrna, an Emergency and Urgent Care Center in Milton, and numerous outpatient facilities and physician practices throughout the region.

Originally founded in 1921 when the Dover Rotary Club launched a fund drive for a hospital, Kent General Hospital opened in 1927. Milford Memorial Hospital opened in 1938. The organizations merged to form Bayhealth Medical Center, creating a unified healthcare system serving the region. Bayhealth is a Penn Medicine affiliate for Heart & Vascular, Cancer, and Orthopaedics, bringing advanced specialty care to Delaware. The organization achieved Magnet recognition for nursing excellence and became the first teaching hospital in central and southern Delaware when it introduced Graduate Medical Education in 2019.

Company Fast Facts

• Founded: 1921 (Kent General Hospital opened 1927)

• Headquarters: 640 S. State Street, Dover, Delaware 19901

• Employees: More than 4,000 (4,695 covered by 401k plan)

• Medical Staff: More than 400 physicians

• Hospitals: 2 acute-care facilities (418 total beds)

• Type: Not-for-profit healthcare system

• President/CEO: Terry M. Murphy

• Affiliations: Penn Medicine (Heart & Vascular, Cancer, Orthopaedics)

• Recognition: Magnet designation for nursing excellence

Hiring Policy Analysis

Bayhealth conducts individualized assessments as required by EEOC guidelines for positions where regulatory exclusions do not apply. However, the organization must comply with federal OIG requirements, Delaware healthcare background check mandates, and professional licensing regulations that create mandatory disqualifications for specified offenses. Background checks are conducted after conditional job offers for most positions, using Delaware's Background Check Center (BCC) which integrates criminal history, Adult Abuse Registry, and other relevant databases. The hiring process typically includes application review, phone screening, interview(s), conditional offer, background check authorization, and final hiring decision.

Position-Specific Barriers

Barrier levels are determined by patient access requirements, regulatory mandates, professional licensing, and controlled substance access.

Available Positions and Pay

Pay data compiled from Glassdoor, Indeed, PayScale, and company job postings. Actual compensation varies by location, shift, experience, and department.

Career Path Examples

Bayhealth offers tuition reimbursement and internal advancement opportunities. Career progression is possible but may require obtaining professional certifications and licenses that have their own background check requirements.

Support Services Track: EVS Associate ($18/hr) → EVS Lead ($20-$22/hr) → EVS Supervisor ($45K-$55K/yr) → Environmental Services Manager ($55K-$70K/yr). Advancement based on performance, reliability, and leadership skills. No clinical license required.

Food Services Track: Nutrition Care Associate ($15-$18/hr) → Cook ($17-$20/hr) → Lead Cook ($19-$23/hr) → Food Services Supervisor ($42K-$52K/yr). Requires food safety certifications. No clinical license required.

Administrative Track: Unit Secretary ($16-$19/hr) → Patient Access Specialist ($18-$22/hr) → Patient Access Lead ($22-$26/hr) → Department Coordinator ($45K-$60K/yr). Advancement based on experience, education, and demonstrated competence.

Background Check Process

Understanding Bayhealth's background check process helps you prepare mentally and practically for what to expect. As a healthcare organization receiving federal healthcare program payments, Bayhealth must conduct comprehensive background screening.

• What They Check: Criminal history (felonies and misdemeanors) at county, state, and federal levels; FBI fingerprint check for positions with patient access; OIG Exclusion List (LEIE); Delaware Adult Abuse Registry; identity verification through SSN trace; employment history verification; education verification; professional license verification for clinical positions; drug screening (mandatory for all positions).

  
  

• Lookback Period: OIG exclusion is permanent. Delaware statutory disqualifications are permanent for specified offenses. Standard FCRA 7-year lookback applies to non-disqualifying criminal history. Employment verification typically extends 7-10 years.

  
  

• Timeline: The hiring process averages 2-4 weeks from application to hire based on employee reports. Background checks through Delaware's BCC system typically take 1-2 weeks. FBI fingerprint processing may add additional time. Clinical positions requiring license verification may take longer.

  
  

• Process Flow: Application submitted → Phone screening → Interview(s) conducted → Conditional offer extended → Background check and drug test authorization signed → Background check conducted through BCC → OIG/LEIE checked → Results reviewed → Individualized assessment if applicable → Final hiring decision → Pre-adverse or adverse action notice if applicable → Start date confirmed → Orientation.

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Disqualifying Factors

Automatic Disqualification: Presence on OIG Exclusion List (LEIE); presence on Delaware Adult Abuse Registry; conviction for patient abuse or neglect (for patient-access positions); conviction for Medicare/Medicaid fraud; felony conviction for healthcare fraud, theft, or financial misconduct; felony conviction relating to controlled substance manufacture, distribution, or dispensing.

High Risk for Disqualification: Sexual offenses; violent crimes; theft or fraud (especially in healthcare settings); crimes involving vulnerable populations; recent drug offenses; any conviction demonstrating dishonesty or lack of integrity.

Lower Risk (Case-by-Case): Non-violent offenses unrelated to healthcare or patient care; older offenses (7+ years) with clear rehabilitation evidence; isolated incidents in distant past; traffic offenses; youthful offenses with demonstrated maturity. All subject to individualized assessment considering rehabilitation evidence.

Your Rights as Applicant

• FCRA Protections: You must receive written notice and provide consent before a background check. If denied based on the report, you're entitled to a copy and the right to dispute inaccuracies.

  
  

• Pre-Adverse Action Notice: Before a final decision, you must receive notice with a copy of the report and a summary of your rights. You have reasonable time to respond and dispute inaccuracies.

  
  

• EEOC Protection: For non-mandatory disqualifications, you have the right to an individualized assessment. Blanket exclusions based solely on criminal record are prohibited under Title VII when resulting in disparate impact.

  
  

• Dispute Rights: You can dispute inaccurate information on background reports with the reporting agency. Check your own records beforehand to identify and correct errors.

  
  

• Delaware BCC Process: The Background Check Center provides a qualified/disqualified determination. You may be hired conditionally pending results after submitting fingerprints.

Application Strategy

1. Check OIG Status First: Before applying to any healthcare organization, verify you are not on the OIG Exclusion List at oig.hhs.gov/exclusions. If excluded, healthcare employment is not possible until reinstatement.

   
   

2. Target Support Services Positions: Focus on Environmental Services (EVS), Dietary/Food Services, Facilities Maintenance, Laundry, and Groundskeeping. These roles may not require the strictest national background checks mandated for direct patient care positions.

   
   

3. Apply Through Official Channels: Submit your application through bayhealth.org/careers. Bayhealth posts positions on Indeed, LinkedIn, and Glassdoor. Check regularly as support positions are posted frequently.

   
   

4. Be Completely Honest: Never lie about your criminal history. National FBI fingerprint checks will reveal your complete record. Dishonesty is an automatic disqualifier and demonstrates the exact lack of integrity that concerns healthcare employers most.

   
   

5. Prepare Your Narrative: Have a brief, honest explanation ready: acknowledge the offense without making excuses, describe what you learned, and explain how you've changed. Focus on rehabilitation, personal growth, and stability. Keep it concise (30-60 seconds).

   
   

6. Document Rehabilitation: Gather evidence of positive changes since your conviction: completion of treatment programs, educational certificates, vocational training, stable housing, employment history, community involvement, and references from employers, probation officers, or community members.

   
   

7. Check Expungement Eligibility: Research whether your offense qualifies for sealing or expungement under Delaware law. Contact Delaware Volunteer Legal Services or the Delaware Center for Justice for assistance. Note that FBI records may still show expunged offenses for healthcare screening purposes.

   
   

8. Follow Up Professionally: After applying, follow up with HR if you don't hear back within 2 weeks. If you receive a pre-adverse action notice, respond

Tips for Applicants with Records

1. Healthcare Has Unique Barriers: Understand that healthcare employment involves regulatory requirements beyond typical employers. The OIG exclusion list and mandatory disqualifications create absolute barriers that cannot be overcome through individualized assessment. Be realistic about which positions are accessible.

   
   

2. Support Services Offer Real Opportunities: EVS, Dietary, Maintenance, and other support roles are essential to hospital operations. These positions offer stable employment, benefits, and potential advancement into supervisory roles without requiring clinical licenses.

   
   

3. Run Your Own Background Check First: Know what will appear before the employer sees it. Order your own criminal background check from a consumer reporting agency. Check the OIG exclusion list. Review the Delaware Adult Abuse Registry if you've worked in healthcare previously.

   
   

4. Pass the Drug Test: If you have substance issues, address them completely before applying. Healthcare employers maintain zero-tolerance drug policies due to patient safety and access to controlled substances. Testing is typically urine-based and may include cannabis even where state law permits recreational use.

   
   

5. Highlight Stability and Reliability: Emphasize stable housing, reliable transportation, and any consistent work history—even informal work shows you can be counted on. Healthcare employers value dependability for 24/7 operations.

   
   

6. Consider Delaware Reentry Resources: Connect with Project New Start, Delaware Center for Justice, or the Second Chance Employment Collaborative for job readiness support, legal assistance, and employer connections.

   
   

7. Be Flexible on Scheduling: Willingness to work nights, weekends, and holidays increases your chances significantly. Hospitals operate 24/7 and need staff for all shifts. Second and third shifts may have less competition.

   
   

8. Demonstrate Commitment to Patient Safety: Even in non-clinical roles, convey your understanding of the healthcare mission and commitment to patient welfare. Healthcare organizations prioritize individuals who appreciate the gravity of working in a healing environment.

Benefits Overview

Bayhealth offers employees a competitive benefits package. Benefits eligibility begins after meeting employment requirements for full-time and part-time employees.

• Compensation: Entry-level support positions start at $15-$18/hr. Clinical positions range from $22-$45/hr depending on licensure and experience. Annual performance reviews with potential for merit increases.

  
  

• 401(k)/403(b) Retirement: Retirement savings plans through Lincoln Financial with employer matching contribution up to 6% based on employee contributions.

  
  

• Health Benefits: Flexible health insurance through Highmark Blue Cross Blue Shield PPO. Dental insurance, vision care, prescription coverage. Coverage includes employee, spouse, and dependents.

  
  

• Time Off: Generous Paid Time Off (PTO) with accrual increasing with tenure. Paid holidays. Extended sick time. Family and medical leave. Jury duty leave.

  
  

• Additional Benefits: Life insurance (basic and supplemental), AD&D coverage, short-term and long-term disability, flexible spending accounts (FSA) for healthcare and dependent daycare, Employee Assistance Program (EAP), tuition reimbursement, service awards, employee cafeteria discounts, direct deposit, on-site Child Care Center at Kent Campus.

Employee Perspectives

Pros: Excellent benefits especially when using Bayhealth providers, good 401k match, fair PTO accrual that rolls over, supportive teaching hospital environment, flexible hours in many departments, opportunities for career growth, stable employment with Delaware's largest healthcare system.

Cons: Can be emotionally stressful, competitive wages but not the highest in the market, some departments have better management than others, limited options for healthcare employment in the Dover area.

Frequently Asked Questions

1. Does Bayhealth Medical Center hire people with felonies?

   Conditionally. Bayhealth may hire individuals with felony convictions for certain positions, but healthcare employment has mandatory regulatory barriers. Individuals on the OIG Exclusion List cannot work in any healthcare capacity. Delaware law mandates disqualification for specific serious offenses for positions with patient access. The best opportunities exist in Environmental Services, Dietary, Facilities, and other support roles that may not require national FBI fingerprint checks. EEOC individualized assessment applies to non-mandatory disqualifications.

   
   

2. What is the background check process at Bayhealth?

   Bayhealth conducts background checks after extending a conditional job offer. The process includes criminal history at county, state, and federal levels; OIG Exclusion List (LEIE) check; Delaware Adult Abuse Registry check; drug screening; employment and education verification. Positions with patient access require national criminal background checks including FBI fingerprints through Delaware's Background Check Center (BCC). Clinical positions require professional license verification which includes independent background checks.

   
   

3. How far back does the background check go at Bayhealth—what is the lookback period?

   OIG exclusion is permanent—there is no time limit. Delaware statutory disqualifications for patient-access positions are permanent for specified offenses. For non-disqualifying criminal history, the FCRA generally limits reporting to 7 years for non-conviction adverse information, but criminal convictions can be reported indefinitely. Employment verification typically extends 7-10 years. More recent offenses (within 5-7 years) receive the highest scrutiny.

   
   

4. What types of convictions make hiring more difficult at Bayhealth?

   Automatic disqualifications include: OIG exclusion (Medicare/Medicaid fraud, patient abuse, felony healthcare fraud, felony controlled substance offenses); presence on Delaware Adult Abuse Registry. High-risk convictions include: patient abuse or neglect; sexual offenses; violent crimes; theft or fraud (especially in healthcare settings); drug trafficking or distribution; any crimes involving vulnerable populations. Lower-risk convictions that may be considered through individualized assessment include older non-violent offenses unrelated to healthcare.

   
   

5. What are the best entry-level roles at Bayhealth for applicants with a record?

   Environmental Services (EVS) Associate ($18/hr), Housekeeper ($15-$18/hr), Nutrition Care Associate/Dietary Aide ($15-$18/hr), Linen Technician ($15-$17/hr), and Facilities/Maintenance positions offer the best opportunities. These support roles may not require national FBI fingerprint checks mandated for direct patient care positions, though OIG exclusion checks and drug screening are still required.

   
   

6. Does Bayhealth drug test, and what kind of test do they use?

   Yes, Bayhealth requires mandatory pre-employment drug screening for all positions. Healthcare organizations maintain zero-tolerance drug policies due to patient safety concerns and access to controlled substances. Testing is typically urine-based and screens for common substances including cannabis, opiates, amphetamines, cocaine, and PCP. Delaware law also mandates drug testing for long-term care facility employees.

   
   

7. When during the hiring process will Bayhealth ask about criminal history?

   Delaware's ban-the-box law applies only to public employers, so Bayhealth as a private non-profit may inquire about criminal history on initial applications. However, comprehensive background checks including FBI fingerprint checks are conducted after a conditional job offer is extended. This gives applicants the opportunity to interview and demonstrate their qualifications before criminal history is fully reviewed.

   
   

8. Can someone advance to management at Bayhealth if they have a felony?

   Yes, advancement to supervisory and management positions in non-clinical departments is possible for individuals who demonstrate reliability, leadership, and strong job performance. EVS Supervisor, Food Services Supervisor, and similar roles can be achieved through internal advancement. Advancement into clinical management or positions requiring professional licenses will face additional background check requirements from licensing boards.

   
   

9. How long does the hiring and background check process take at Bayhealth?

   The typical hiring process takes 2-4 weeks from application to start date based on employee reports. Background checks through Delaware's Background Check Center take 1-2 weeks. FBI fingerprint processing may add additional time. Clinical positions requiring license verification may take longer. Conditional hiring may be possible while background check results are pending.

   
   

10. What can applicants do to improve their chances of getting hired at Bayhealth?

    (1) Verify you are not on the OIG Exclusion List before applying;

    (2) Target support services positions (EVS, Dietary, Facilities) with fewer regulatory barriers;

    (3) Run your own background check to know what will appear;

    (4) Be completely honest about criminal history—never lie;

    (5) Document rehabilitation efforts with certificates, references, and stable history; (6) Check expungement eligibility with Delaware legal aid;

    (7) Prepare a concise, honest narrative about your offense and growth;

    (8) Be flexible on scheduling (nights, weekends, holidays);

    (9) Connect with Delaware reentry resources for support;

    (10) Apply persistently—support positions have regular openings.

Alternative Second Chance Employers

If Bayhealth doesn't work out, consider these employers known for fair chance hiring practices in healthcare and related industries in Delaware:

Conclusion

Bayhealth Medical Center offers limited but genuine opportunities for individuals with criminal records, primarily in support services positions that fall outside the strictest regulatory requirements for direct patient care. As central and southern Delaware's largest healthcare system with more than 4,000 employees, Bayhealth provides a pathway to stable employment with comprehensive benefits for those who can meet healthcare industry requirements.

The healthcare industry presents unique challenges that go beyond typical employment screening. The OIG Exclusion List creates a permanent bar for those convicted of Medicare/Medicaid fraud, patient abuse, and felony controlled substance offenses. Delaware's mandatory background check requirements and Adult Abuse Registry add additional layers of scrutiny. However, for those without these specific disqualifications, positions in Environmental Services, Dietary, Facilities, and administrative support offer real opportunities.

Key Success Factors: Verify you are not on the OIG Exclusion List before applying; target support services positions; be completely honest about your history; document rehabilitation extensively; be flexible on scheduling; leverage Delaware reentry resources; apply persistently.

Biggest Barriers: OIG exclusion (permanent bar for specified offenses); Delaware statutory disqualifications for patient-access positions; mandatory FBI fingerprint checks for patient care roles; zero-tolerance drug policies; professional licensing requirements for clinical positions.

For applicants who can navigate these requirements, Bayhealth offers competitive wages ($15-$20/hr for entry-level support), comprehensive benefits including 401k matching and health insurance, and potential for advancement within the organization. The combination of stable healthcare employment, affordable Delaware cost of living, and opportunities for growth makes Bayhealth worth pursuing for qualified Second Chance applicants.

Disclaimer

This guide provides general information and should not be considered legal advice. Hiring policies vary by position, location, and individual circumstances. While we strive for accuracy using publicly available sources including company websites, job postings, employee reviews (Glassdoor, Indeed), salary databases (PayScale, ZipRecruiter), and regulatory agency information, employment information and company policies may change without notice. Always verify current practices directly with Bayhealth Medical Center.

Inclusion in this guide does not guarantee employment. Healthcare background check laws, OIG exclusion requirements, professional licensing regulations, and Delaware state requirements should be confirmed with legal professionals. Consult with an employment attorney or legal aid organization for specific legal advice about your situation.

Apply Now: https://www.bayhealth.org/careers