State Requirements for Conducting Background Checks HHa - June 2nd, 2014

Recently OIG released an evaluation regarding home health agencies’ (HHa’s) employment of individuals with criminal convictions. The purpose of the report was to identify State background check requirements for home health agencies’. The survey found that, of the 50 States and the District of Columbia, 41 States require HHAs to conduct background checks on prospective employees. Of the 10 States that have no background check requirement, 4 States reported that they have plans to implement background check requirements in the future. Of the 41 states that require background checks, 15 states require HHAs to receive the results of background checks before individuals can begin employment and 26 States allow individuals to work while the results of their background checks are pending. Fifteen states require additional background checks of employed individuals subsequent to the initial checks. Thirty-five States specify convictions that disqualify individuals from employment, and 16 States allow an individual who has been disqualified from employment to submit an application to have his/her conviction(s) waived.