Quick Answer
Conditional, Benefis Health System hires individuals with felony convictions for certain positions. As Montana's largest non-governmental employer in the Great Falls area with approximately 3,400 employees, Benefis operates a 516-bed hospital system serving a 15-county region. Employment decisions are conditional upon passing a comprehensive background check and are subject to federal OIG exclusion requirements and EEOC guidelines.
The law prohibits companies from having a blanket policy excluding all felons. Instead, they must conduct an individualized assessment of the conviction to determine if it is job-related and consistent with business necessity.
The greatest barriers are created by felonies related to healthcare fraud or Medicare/Medicaid violations (permanent OIG exclusion), patient abuse or neglect (mandatory exclusion from federal healthcare programs), and drug-related offenses (access to controlled substances concern). Recent offenses within the past 7 years face the highest scrutiny regardless of type.
Best entry points include Environmental Services, Food Services, Laundry, Transport, and Facilities positions that have minimal patient contact and no access to controlled substances. These roles offer hourly wages starting around $14-16/hr with full benefits after 30 days.
Table of Content
Felon-Friendly Scorecard
Factor | Rating | Details |
Overall Accessibility | ★★☆☆☆ | Low accessibility for clinical and patient-facing roles due to mandatory federal OIG exclusion checks. Moderate for administrative, environmental services, and support staff positions. |
Background Check Depth | Extensive | National criminal search, OIG/SAM exclusion lists, drug screening, employment verification. Healthcare compliance requirements mandate thorough screening. |
Lookback Period | 7 Years/Permanent | Standard 7-year criminal lookback. OIG exclusion is permanent for mandatory exclusions. Patient abuse and healthcare fraud convictions have no time limit. |
Integrity Focus | Absolute | Zero tolerance for fraud, dishonesty, and falsification. Healthcare fraud convictions result in permanent federal program exclusion. Lying on application is automatic disqualifier. |
Safety Concern | Absolute | Overriding legal mandate to protect vulnerable patients. Critical scrutiny for violence, abuse, sexual offenses, and drug diversion crimes. |
Best Entry Point | Support Services | Environmental Services, Food Services, Laundry, Transport, Facilities. These roles have minimal patient contact and no controlled substance access. Starting at $14-16/hr. |
Eligibility Checklist
Before applying, honestly assess whether you meet these baseline requirements:
No OIG Exclusion: Must NOT be on the OIG List of Excluded Individuals/Entities (LEIE). This is a permanent legal bar from all federal healthcare program participation. Check your status at exclusions.oig.hhs.gov before applying.
No Blanket Exclusion: Must be aware that the company is not allowed to automatically exclude you solely for being a felon. EEOC guidelines require individualized assessment using the Green Factors.
Job-Related Assessment: Must be prepared for the company to evaluate whether your felony is related to the job duties considering the nature of crime, time elapsed, and nature of the job.
Physical Requirements: Many positions require standing for extended periods, lifting up to 50 pounds, and working in fast-paced environments. Clinical roles have additional physical demands.
Drug Screen: Must pass a mandatory pre-employment drug test. Benefis maintains a drug-free workplace policy. Testing typically includes a urine screening for common substances.
Honesty is Paramount: Must be completely honest about your criminal record when asked. Lying is an automatic disqualifier and can result in termination if discovered later, even years into employment.
Work Authorization: Must be legally authorized to work in the United States and able to provide required I-9 documentation.
Critical Regulatory Information
Understanding the legal landscape for criminal records in healthcare employment is essential for Second Chance applicants. Benefis Health System operates primarily in Montana, which does not have a statewide Ban the Box law for private employers. However, all healthcare employers must comply with federal EEOC guidelines and OIG exclusion requirements nationwide.
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. Blanket policies excluding all felons are prohibited.
FCRA Requirements
If a third party conducts the background check and a job offer is denied based on the report, Benefis 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.
State-Specific Considerations
Montana does not have a statewide Ban the Box law for private employers. Employers may request information about criminal history at any point during the hiring process. Montana has launched reentry initiatives to provide better reintegration services for people returning to the community, but these do not create legal hiring protections. The standard criminal lookback period in Montana follows FCRA guidelines of 7 years for most offenses, though convictions can be reported indefinitely for positions with annual salaries exceeding $75,000.
Healthcare-Specific Considerations
The healthcare industry involves direct patient care and access to controlled substances, which has critical regulatory considerations:
OIG Exclusion List (LEIE): The Office of Inspector General maintains the List of Excluded Individuals/Entities. Anyone on this list is permanently barred from employment in any capacity at healthcare organizations receiving federal healthcare program funds. Mandatory exclusions include Medicare/Medicaid fraud, patient abuse/neglect, felony healthcare fraud, and felony controlled substance convictions.
SAM Database: Healthcare employers must also check the System for Award Management database for federal debarments and exclusions.
Controlled Substance Access: Positions with access to medications face heightened scrutiny for drug-related offenses. This applies to nursing, pharmacy, and some support roles.
