Denise Merna Dadika, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s Newark office, authored an article in Law360 titled “Background Check Challenges for Home Health Care Agencies.” (Read the full version – subscription required.)
Following is an excerpt:
There are no federal laws or regulations that require home health agencies (HHAs) to conduct criminal background checks or disqualify applicants from employment based on the results. … There are, however, 41 states that require HHAs to conduct criminal background checks. The requirements in those 41 states vary widely, including when the background check must be completed, what sources of information must be checked, which positions require background checks, and which convictions, if any, result in disqualification from employment.
In addition, the Affordable Care Act of 2010 established the framework for a nationwide background check program, which provides grants to states to implement statewide background checks on all prospective direct patient access employees of long-term care facilities and providers, including HHAs. The Centers for Medicare & Medicaid Services has awarded more than $50 million to 26 states to design comprehensive background check programs for direct patient access employees. …
