The short answer Hawaii authorizes and requires criminal history record checks, including fingerprint-based FBI checks, for employees of home health and home care agencies, along with adult protective services background inquiries.
What Hawaii requires
Hawaii
Statutory authority. HRS § 321-15.2 requires licensed home health agencies, home care agencies, and other DOH-licensed care providers to conduct criminal history record checks, using fingerprint submission through the Hawaii Criminal Justice Data Center with FBI national results, on operators and employees with direct client contact.
Source ↗
Adult abuse check. Covered employers also conduct checks of adult protective services records through the Department of Human Services for substantiated abuse or neglect of vulnerable adults.
Source ↗
Nurse aide registry. Agencies employing nurse aides must verify the Hawaii Nurse Aide Registry administered through the Department of Human Services/DOH certification programs.
Source ↗
Employment condition. Employment may be conditional pending completion of the record check; individuals with convictions bearing a rational relationship to caregiving duties may be denied or terminated under HRS § 378-2.5 standards.
Source ↗
☆ Rules change. We watch them for you.
Get one short email when Hawaii's home care requirements change. No spam, unsubscribe anytime.
Reviewed quarterly by Vitable Health.
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.
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 ↗
Primary sources for this page