The short answer Idaho requires fingerprint-based enhanced background checks through the DHW Criminal History Unit for home health, personal care, and Medicaid HCBS workers, bundled with registry and exclusion list screening.
What Idaho requires
Idaho
DHW Criminal History Unit. IDAPA 16.05.06 requires employees of Idaho-certified home health agencies, personal assistance agencies, and Medicaid home and community-based services providers to complete an enhanced fingerprint-based background check through the Department of Health and Welfare Criminal History Unit before unsupervised client contact.
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Databases checked. The DHW check includes Idaho State Police and FBI fingerprint records, the Idaho CNA registry, statewide child protection and adult protection registries, sex offender registries, and OIG/Medicaid exclusion lists in a single clearance.
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Disqualifying crimes and exemptions. IDAPA 16.05.06 lists disqualifying crimes (e.g., abuse or exploitation of a vulnerable adult, violent and sexual felonies); individuals may apply for an exemption review for non-permanent disqualifications.
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Clearance portability. A DHW clearance is valid across covered Idaho employers for three years, after which a new application and self-declaration are required.
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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://healthandwelfare.idaho.gov/services-programs/criminal-history-background-checks
- https://healthandwelfare.idaho.gov/services-programs/criminal-history-background-checks
- https://adminrules.idaho.gov/rules/current/16/160506.pdf
- https://healthandwelfare.idaho.gov/services-programs/criminal-history-background-checks