State Requirements for Criminal Background Checks 11/03

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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 operating a 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 |** | | |

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