State Requirements for Criminal Background Checks - 2008

State / Yes / No / Comments
Alabama / ** / ** / They are not specifically required for HHA; however most agencies do them anyway. They are required for any healthcare worker proving services through the Dept of Mental Health and in any adult care setting.

Arizona

/ ** / Arizona requires a state and federal criminal background check for employees providing direct care
Arkansas / **
California / ** / California requires background checks as part of the licensure of RNs and LVNs and part of the certification of home health aides.
Colorado / ** / Colorado requires checks on home health aides (CNAs) only. State name based only (not fingerprints or federal search)
Connecticut / ** / However, most agencies in CT do state background checks on caregivers.
Delaware / **
District of Columbia / ** / Personal care workers only
Florida / ** / Level I (statewide only) required for all who have direct patient contact. Level II (state + FBI national check) required for CEOs and CFOs.
Georgia / ** / No requirement, but most agencies do them on their own.
Hawaii / ** / Pending Legislation
Illinois / ** / A major revision of the Health Care Worker Background Check Code has been proposed for 2008-09. The purpose of the revision is to convert the existing Nurse Aide Registry into the Health Care Worker Registry, and to update the fingerprinting methods employers and aide training programs will be required to use to conduct the required background checks.
Idaho / ** / Home health aides only. Idaho is discussing the possibilities of requiring background checks on all newly licensed nurses and transferred nurses entering Idaho.
Indiana / ** / A person operatinga home health or personal service agency must perform a limited criminal history check on direct care staff. If a potential employee is found to be living outside the state of Indiana two years prior, a national history check must be performed. This language is temporary and expires in 2009. The IN General Assembly awaits recommendations from the CMS pilot program.
Iowa / **
Kansas / ** / Any employee not licensed should have a background check unless they have been employed more than 5 years. This would include HHA’s and CNA’s and office workers.
Kentucky / ** / Kentucky’s licensure requires that HHA have pre-employment criminal background checks. This is for all workers, not just aides or only direct care workers. It does not specify federal or state. Most do state. The OIG has generally interpreted that direct care workers may not be put to work with clients until the results of the check are available.
Louisiana / ** / State Police criminal background checks are required for the unlicensed persons providing direct patient care (home health aides.) Additionally, criminal background checks must be performed for change of ownership on all new owners and administrative persons.
Maine / **
Maryland / **
Massachusetts / **
Michigan / **
Minnesota / **
Missouri / ** / Can not hire anyone with a misdemeanor, felony, child abuse or neglect, foster care abuse or neglect or license revocation.
Montana / ** / A direct care worker background check bill is likely to be introduced in 2009
Nebraska / ** / Hospital-based and corporate-based agencies all conduct background checks on their own.
Nevada / **
New Hampshire / ** / NH now requires state police check on all healthcare workers (including those at home health providers) who have patient contact, access to patient records or lab samples, except those licensed by the NH Board of Nursing. This also applies to administrators and their family members that live on the licensed premises (the latter applies just to residential facilities, obviously).
New Jersey / ** / Criminal history background checks must be conducted for all health care professionals licensed or certified by the Division of Consumer Affairs by 2009.
Beginning January 16, 2008, Licensed Practical Nurses, with a license expiration of May 31, 2009, who have never gone through a criminal history record background check for the New Jersey Division of Consumer Affairs, will begin the background check process. Certified Home Health Aides and RNs have already undergone the process.
New Mexico / ** / Anyone who has direct care with clients must have a fingerprints submitted to the FBI and State.
New York / ** / Background checks are required home health aides and personal care aides
North Carolina / ** / Required for all home care employees that go into the home, not required for owners, administrative staff, etc.
North Dakota / **
Ohio / ** / Ohio requires criminal background checks on home health workers and a federal check is also required if the worker has not lived in Ohio for at least 5 years.
Oklahoma / ** / Oklahoma requires state and federal checks for home health aide staff. The state has an aide registry managed by the state health dept for all categories of aides.
Oregon / ** / ** / In-Home Care Agencies – YES
Home Care Agencies and Hospice – NO
Pennsylvania / **
Rhode Island / **
South Carolina / ** / Only for direct care givers with home care, nursing homes, adult day care, or residential care homes
South Dakota / **
Tennessee / ** / Mandatory for Medicaid waiver programs for non-medical services.
Texas / ** / Required for unlicensed direct care staff, administrator/CEO and CFO. RNs, PTs and Ots are now getting checks by their state licensing board upon renewal of their licensure. FBI checks on nurses will be required in some circumstances within the next few years.
Utah / ** / Utah requires criminal background checks on all direct care personnel who are agency employees.
Vermont / ** / Background checks for Vermont residents only. If someone applies from out-of-state, the agency must do the background check.
Virginia / **
Washington / **
West Virginia / **
Wisconsin / **
Wyoming / **
Alaska / ** / For any employees providing direct care in the home
Mississippi / **