The short answer Arizona requires home health agency direct care employees to hold or obtain DPS fingerprint clearance, and Adult Protective Services Registry checks apply to in-home caregivers of vulnerable adults.
What Arizona requires
Arizona
Fingerprint requirement. A.R.S. § 36-411 requires employees and contractors of home health agencies (and other ADHS-licensed residential and home care entities) who provide direct care to have a valid Level One fingerprint clearance card from the Arizona Department of Public Safety or submit fingerprints for a state and federal check within 20 days of hire.
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APS Registry. A.R.S. § 46-459 establishes the Adult Protective Services Registry of substantiated abuse, neglect, and exploitation findings; employers of in-home caregivers serving vulnerable adults must check the registry before hiring.
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Fingerprint clearance card process. The DPS fingerprint clearance card process (A.R.S. Title 41, Chapter 12, Article 3.1) screens against precluding offenses; applicants denied a card may seek a good cause exception from the Arizona Board of Fingerprinting.
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Registry checks for aides. Agencies employing certified nursing assistants or licensed nursing assistants must verify certification and any findings with the Arizona State Board of Nursing's CNA registry.
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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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