State Background Checks for Caregivers

Department of Health and Human Services, Office of Inspector General, updated by additional information from the National Conference of State Legislatures.

Caregiver Background Check Requirements

Source:
State
Facilities Covered
Personnel Covered
Records Used
Alaska
Nursing home
Assisted Living, all paid employees and independent contractors
Fed. & State
Arizona
Nursing care institution, residential care institution, home health agency (Ariz. Rev. Stat. Ann. § 36-411)
Employees and contractors who provide direct care, home health services, home health services, or supportive services and who are not licensed or certified by a health profession regulatory board, as well as volunteers. Applicants and existing employees must have a valid class 1 or class 2 fingerprint clearance card from the state's board of fingerprinting. They must resubmit their fingerprints every three years. The class of card a person can obtain depends on whether he has been convicted of certain kinds of offenses. The board can also determine good cause exceptions (Ariz. Rev. Stat. Ann. § 36-411, 41-619.53, modified by SB 1281 in 2001)
Fed. & State
Arkansas
Long-term care facility; Home health care service; Hospice (Ark. Code § 21-15-101 et seq.)
Applicants and employees providing care to elderly and people with disabilities. Family members, volunteers, and administrative staff are excluded
Fed. & State
California
Any facility that employs nurse's aides and home health aides, including but not limited to nursing homes, home health agencies, and hospitals. The law covers anyone who operates or provides direct care services in a community care facility, foster family home, or a certified family home (Cal. Health and Safety Code § 1522 (a), 1736.6)
Nurse's aides and home health aides
State
Colorado
Nursing care facilities, state employees and employees contracting with the state who have direct contact with vulnerable persons (CRS § 27-1-110, 24-72-305.3, 305.4, as modified by SB 88 in 2001)
All applicants with direct contact with vulnerable elderly, or disabled.
Fed. & State
Delaware
"Nursing homes"; (meaning nursing homes, assisted living facilities, intermediate care facilities for the mentally retarded, neighborhood group homes, family care homes, rest residential facilities, and business entities that contract to operate such a nursing home; also home health agencies, private healthcare givers in the patient's own home, and temporary employment agencies) (Del. Code Ann. Title 16, § 122, 1141, 1145 (added in 2001 by SB 5)
Applicants, existing employees seeking a promotion, and personnel referred from a temporary agency. Background checks are only required once every five years and the state pays the costs
Fed. & State
Florida
Assisted living, adult family care homes, adult day care centers, home health agencies, "qualified entity"; (a public or private business or organization that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services (Fla. Stat. Ann. § 400.5572, .619, .071,4174, 471, 506; § 943.0542)
Nurse's aides, applicants, and all employees hired after October 1, 1998 who perform personal services or who provide basic, supportive, or optional services to participants, and volunteers. Qualified entity determines whether person is disqualified
Fed. & State
Georgia
Nursing homes, personal care homes, group homes, and alternative living units (Ga. Code Ann. § 31-7-351)
All employees
State
Idaho
All long-term care facilities (by regulation)
All employees
State
Illinois
Health care employers (community living, long-term care, life care, home health agency, community residential alternative, nurse agencies, respite care, hospice, mental health, community integrated living, and hospitals)(9225 ILCS § 46/1 et seq.)
Direct care employees, nurse's aides, home health care aides, personal care assistants, private duty nurse's aides, and day training personnel
State
Indiana
Health facility, home health agency, hospice, hospital, and hospital based facility that employs nurse's aides or an entity that contracts to provide nurse's aides or other non-licensed employees to such facilities (Ind. Code Ann. § 16-28-13)
Nurse's aides and nonlicensed employees, personal care attendants, operators, administrators
State
Iowa
Nursing facilities, skilled nursing facilities, intermediate care facilities for mentally retarded people and persons with mental illness, residential care facilities, and residential care facilities for mentally retarded and mentally ill people (IAC § 58.11)
All employees and anyone providing services to residents, including independent contractors
State
Kansas
Any elderly or disabled residential facility for 8 or more people, licensed by the state, adult care homes, and home health agencies (KSA § 39-970, KSA 2000 Supp. § 65-5117, as modified by HB 2067 in 2000)
Adult care home and home health agency applicants and employees who have been employed with the same facility for less than five years.
State
Kentucky
Any nursing facility (nursing homes, adult day care, domiciliary care, psychiatric hospital, sheltered housing, hospice, assisted living, and acute care hospital) and agencies such as home health agencies providing services to senior citizens (Ky. Rev. Stat. Ann. § 216.787, 789, 793)
Nursing facility employees providing direct service to senior citizens
State
Louisiana
Nursing homes, intermediate care, adult residential care, adult day care, home health and residential services agencies, hospice, and ambulance services (La. Rev. Stat. Ann. § 40: 1300.52)
Nonlicensed direct care employees and licensed ambulance personnel. Employer cannot generally hire people convicted of a statutory list of crimes, but can make exceptions for mitigating circumstances, such as the person's age at the time of the crime, circumstances surrounding the crime, length of time and criminal history since their conviction, work history, employment references, character references, nurse's aide registry records, and other evidence (La. Rev. Stat. § 1300.53)
State
Maryland
Adult dependent care programs, adult day care, domiciliary care, group homes, home health agencies, sheltered housing, residential service agencies, alternative living units, and hospice facilities
Compensated employees with routine direct access to dependent adults and not licensed or certified under the health occupations law (RNs, LPNs. And CNPs)
State
Massachusetts
Long-term care facilities; home health and other agencies that provide homemaker, home health aide, companion, or other community-based services to elderly or disabled persons, home care corporations, municipalities, and other entities receiving federal, state, or local funds (Mass. Gen. Laws Ann. Ch. 6 § 172C, 172E)
Positions that involve direct personal care or treatment and employees or volunteers who provide care, treatment, education, training, transportation, delivery of meals, instruction, counseling, supervision, recreation, or other services in a home or community based setting for elderly or disabled people, who will have direct or indirect contact with them, or access to their files.
State
Minnesota
Hospitals, boarding care homes, outpatient surgical centers, nursing homes, home care agencies, residential care homes, board and lodging establishments (Minn. Stat. Ann. § 245A.04)
Persons providing services who have direct contact with patients and residents (Applicants, current employees, contractors, and volunteers)
State (also Fed. at health commissioner's discretion)
Mississippi
Each person, business, organization or other public or private entity providing care, supervision, or treatment to vulnerable adults (Miss. Code § 43-47-7, as added by SB 2501, § 2, in 2001) Also a licensed institution for the aged or infirm or care facility (Miss. Code § 43-11-13 as added by SB 2501, § 11, in 2001)
Each new employee who provides direct care to vulnerable adults and vulnerable persons (elderly, persons over age 18, and minors with impaired ability to perform activities of daily living or to provide for their own care and protection
Fed. & State
Missouri
Continuing care retirement community, health care facilities, long-term care, in-home service providers, employment agencies for nurses and nurse's assistants, elder care workers (Mo. Ann. Stat. § 210.909, 210.903, 660.317,43.450). Also personal care providers (added by SB 0048 in 2001)
Applicants for a full-time, part-time, or temporary position who have contact with any patient or resident, and personal care workers
Fed. & State
Nebraska
Assisted Living
Direct care staff
State
Nevada
Intermediate care, skilled nursing, and residential facilities for groups providing food shelter and assistance to some of the most vulnerable residents of the state, including aged, infirm, mentally retarded and handicapped. Agencies providing nursing in the home and assistance to these vulnerable residents (Nev. Rev. Stat. § 449.176 et seq.)
Employees of these facilities and agencies (once every five years) and applicants for a license to operate them.
Fed. & State
New Jersey
Licensed health care facilities (NJ Code § 26:2H-84)
Nurse's aides, personal care assistants, and others with direct contact with patients
Fed. & State
New Mexico
Skilled nursing; intermediate care; care facility for mentally retarded; psychiatric; rehabilitation; home health agency; homemaker agency; home for the aged or disabled; group home; adult foster care home; private residence that provides personal care, sheltered care, or nursing care for one or more people not related to the operator or owner; adult day care center; boarding home; and adult residential shelter care home. Also any entity that provides respite, companion, or personal care services and any other health or resident care facility, other than one located at or performing services for a correctional facility (NM Stat. Ann. § 29-17-2 et seq.)
All employees, contractors, and volunteers
Fed. & State
North Carolina
Nursing homes, adult care homes, home care agencies; domiciliary care facilities; group homes; residential service agencies; psychiatric hospitals; area mental health, developmental disabilities, substance abuse, and hospice entities, contract agencies for these entities, and any other organization or corporation that provides direct care or services to the sick, disabled, or elderly (N.C. Gen. Stat. Sec 114-19-3, 131E-265)
Nonlicensed job applicants and consenting volunteers who provide treatment for or services to the disabled and elderly.
State (also fed. for people who have been state residents for less than five years)
Ohio
Nursing homes, home health care, adult day care, hospice, adult care facility, residential care facilities, county and district homes, and homes for the aged.
All applicants under final consideration for providing direct care to an older adult, except volunteers
State
Oklahoma
Nursing and specialized facilities, residential care homes, adult day care, and home health or home care agencies (Okla. Stat. Ann. § 63-1-1950.1 et seq.)
Applicants for employment or contract offers to nonlicensed nurse's aides or others providing nursing care, health related services, or supportive assistance
State
Oregon
Nursing homes, assisted living facilities, adult foster care homes, residential care facilities, and in-home agencies (Or. Admin. Rules § 411-009-0000 et seq.)
Direct and nondirect care staff; personal care assistants, volunteer
State (also Fed. if person has lived in state less than three years or certain other conditions exist)
Pennsylvania
Domiciliary care home, home health care agencies, long-term nursing care facilities, older adult daily living centers, and personal care homes (35 Pa. Cons. Stat. Ann. § 10225.502 et seq.)
All applicants being considered for employment
State (also Fed. if person has resided in state less than two years)
Rhode Island
Nursing homes, home health agencies, in-patient hospice, nursing service agencies, and assisted living facilities R.I. Gen. Laws § 23-17-34)
Persons seeking employment at facilities covered by the law. Upon discovery of disqualifying information, the State Police Bureau of Criminal Identification informs employee and employer. Employee can request that copy be sent to employer and employer makes judgment about employment
State
Tennessee
Adult day care centers, home care organizations (Tenn. Code Ann. § 71-2-403)
New employees who are counted in the staff/participant ratio and volunteers with unsupervised access to participants who volunteer for more than 36 hours a year.
State
Texas
Nursing homes, adult day care, adult day health care, home health agencies, intermediate care, adult foster care, custodial care home, personal care, non-licensed attendant care, and mental health and mental retardation facilities (Tex. Health and Safety Code Ann. § 250.004)
Direct contact employees
State
Utah
Health care facilities (home health care agencies, hospices, nursing care facilities, assisted living facilities, small health care facilities, and end-stage renal disease facilities (Utah Code Ann. § 16-21-9.5)
Direct care providers to disabled and elderly
State (also Fed. if person has not resided in the state for the past five years)
Vermont
Nursing homes, home health agencies, adult day care, and residential service agencies
Employees, contractors, and grantees involved in caregiving
State
Virginia
Nursing homes, adult day care, hospice, and other state-licensed facilities (Va. Code Ann. § 32.1-126.01)
Compensated employees
Fed. & State
Washington
Nursing homes, home health agencies, adult day care, group homes, and sheltered housing for the elderly (Wash. Rev. Code Ann. § 74.39A.050(7))
All prospective employees and volunteers with unsupervised access to vulnerable adults
Fed. & State
West Virginia
Residential care facilities, home care, and licensed day care facilities
Compensated employees and contractors
State
Wisconsin
Nursing homes, community-based residential facilities, hospitals, personal care worker agencies, supportive home care services agencies, and temporary employment agencies that provide employees to these entities (Wis. Stat. Ann. § 50.065)
All employees who have regular, direct contact with clients and facility operators (every four years). Employer cannot generally employ person convicted of a serious crime unless he demonstrates that he has been rehabilitated.
State (also Fed. if person has been a state resident for less than three years)
Wyoming
State institutions, Department of Family Services or Department of Public Health employees with access to minors, persons with mental illness or developmental disabilities, and the elderly (Wyo. Stat. Ann. § 7-19-201)
Employees with access to the elderly, minors, and persons with mental illness or developmental disabilities
Fed. & State
Concerned about a loved one who is having difficulty at home but prefers to remain in their own home? Request a consultation to speak with a specialist who can help you understand your options and make the right decision for your family.