The short answer Alaska runs one of the most centralized systems in the country: the Department of Health Background Check Program requires fingerprint-based state and FBI checks plus multi-registry screening for all licensed home health and home and community-based care workers.
What Alaska requires
Alaska
Background Check Program. AS 47.05.310 and 7 AAC 10.900-10.990 require individuals associated with home health agencies and other licensed care entities to pass a fingerprint-based criminal history check (Alaska DPS and FBI) through the Department of Health Background Check Program before providing care.
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Barrier crimes matrix. 7 AAC 10.905 sets out a barrier crimes matrix with permanent bars (e.g., murder, sexual assault) and time-limited bars of 10, 5, 3, or 1 years for other offenses; applicants may request a variance from the department for non-permanent barriers.
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Registry screening. The program screens applicants against the Alaska nurse aide registry, the Certified Nurse Aide abuse annotations, sex offender registries, and OIG exclusion databases as part of a single centralized determination.
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Recheck cycle. Background check eligibility determinations are valid for six years, with fingerprints retained for ongoing rap-back style monitoring; a new determination is required when eligibility lapses or the worker changes covered employer types.
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The federal baseline (applies in every state)
Federal
No universal federal mandate. There is no federal law requiring criminal background checks for private-pay home care workers; requirements are set state by state. HHS OIG found wide variation in state home health background check requirements, and Medicare Conditions of Participation for home health agencies defer to state law on screening.
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National Background Check Program (ACA Section 6201). Section 6201 of the Affordable Care Act created the CMS National Background Check Program, which awarded grants to more than 25 states to build fingerprint-based, comprehensive background check systems for direct patient access employees of long-term care providers, including home health agencies and personal care providers.
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FCRA obligations. When an agency uses a consumer reporting agency (third-party background check vendor), the federal Fair Credit Reporting Act requires a standalone written disclosure, the applicant's written authorization, and the pre-adverse action / adverse action notice process (copy of the report and Summary of Rights) before rejecting a candidate based on the report.
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OIG exclusion list (LEIE). Home care providers that bill Medicare or Medicaid must not employ or contract with individuals excluded from federal health care programs. HHS OIG maintains the List of Excluded Individuals/Entities (LEIE); CMS and state Medicaid agencies expect screening at hire and monthly thereafter, and payments tied to excluded persons are subject to recovery and civil monetary penalties.
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Primary sources for this page
- https://health.alaska.gov/en/services/health-care-services/background-check-program/
- https://health.alaska.gov/media/pm5bpuoc/background-check-regulations.pdf
- https://health.alaska.gov/en/services/health-care-services/background-check-program/
- https://health.alaska.gov/en/services/health-care-services/background-check-program/