Background Check Requirements for Home Care Workers in Arkansas

Statutory check requirement. Ark. Code Ann. § 20-33-203 requires criminal record checks through the Arkansas State Police for employees of home health agencies, in-home caregiver providers, and other elder-care employers before or within a short window after hire; an FBI national check is required when the applicant has not continuously resided in Arkansas. Source ↗

Registry checks. Employers must screen the DHS Adult and Long-Term Care Facility Resident Maltreatment Central Registry and the Child Maltreatment Central Registry, and verify the Arkansas CNA registry for aides. Source ↗

Disqualifying offenses and waiver. Ark. Code Ann. § 20-33-205 lists disqualifying offenses (e.g., abuse of adults, battery, theft, sexual offenses); many carry time limits, and applicants may petition for a waiver from the Department of Human Services for non-permanent disqualifications. Source ↗

Medicaid personal care. Personal care and ARChoices waiver providers must follow DHS provider certification screening rules, which incorporate the criminal record check and registry requirements as conditions of Medicaid participation. Source ↗

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. Source ↗

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. Source ↗

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. Source ↗

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. Source ↗