Background Check Requirements for Home Care Workers in California

Home Care Services Consumer Protection Act. Health & Safety Code § 1796.10 et seq. (AB 1217, effective 2016) requires Home Care Organizations to be licensed by the California Department of Social Services and requires affiliated home care aides to be listed on the state Home Care Aide Registry before working. Source ↗

DOJ/FBI fingerprint clearance. Under HSC § 1796.23, home care aide applicants must submit fingerprints via Live Scan to the California DOJ for a state and FBI criminal record search and receive a criminal record clearance or exemption from CDSS before registration; subsequent arrest notifications (rap back) keep clearances current. Source ↗

Home Care Aide Registry. Employers and consumers can verify an aide's registration status on the public CDSS Home Care Aide Registry; registration must be renewed every two years. Source ↗

Exemption process. Applicants with non-violent convictions may seek a criminal record exemption from CDSS's Caregiver Background Check Bureau; certain serious offenses under HSC § 1522 crime categories are non-exemptible. Source ↗

Home health agencies. Separately, CDPH-licensed home health agencies employing certified home health aides rely on CDPH aide certification, which itself requires DOJ/FBI clearance, and must verify certification status before hire. 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 ↗