The short answer Connecticut requires comprehensive background checks for homemaker-companion agency employees under the Department of Consumer Protection registration scheme, and DPH-licensed home health agencies must verify nurse aide registry status.
What Connecticut requires
Connecticut
Homemaker-companion agencies. Conn. Gen. Stat. § 20-670 et seq. (Chapter 400o) requires homemaker-companion agencies to register with the Department of Consumer Protection and to conduct a comprehensive background check on each applicant, including a state criminal history search, before employment.
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Comprehensive check contents. The statutory comprehensive background check includes a review of criminal conviction information, sex offender registry status, and DMV records where driving is required, plus employment and reference verification.
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Home health agencies. DPH-licensed home health care and hospice agencies must comply with Public Health Code hiring standards, including verification of the Connecticut Nurse Aide Registry for aides and checking licensure of clinical staff.
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No universal fingerprint mandate. Connecticut does not require FBI fingerprint checks for most home care hires; checks are generally name-based through the Department of Emergency Services and Public Protection or a consumer reporting agency subject to FCRA.
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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://www.cga.ct.gov/current/pub/chap_400o.htm
- https://portal.ct.gov/dcp/license-services-division/license-division/homemaker-companion-agency-registration
- https://portal.ct.gov/dph/facility-licensing--investigations/facility-licensing--investigations-section-flis/home-health-care-agencies
- https://portal.ct.gov/despp/division-of-state-police/reports-and-records
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