The short answer Indiana requires a national or expanded criminal history check for home health agency and personal services agency employees under IC 16-27-2, applied for within three business days after an employee begins in-home services, plus nurse aide registry verification; fingerprinting is not mandated.
What Indiana requires
Indiana
Expanded criminal history check. IC 16-27-2-4 requires home health agencies and personal services agencies to apply for either a national criminal history background check or an 'expanded criminal history check' (defined in IC 10-13-3-11.5 as a private-vendor search that includes court records of every Indiana county where the worker has resided) not more than three business days after an employee begins providing services in a patient's or client's residence.
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21-day employment limit pending results. An agency may not continue to employ a worker in patients' or clients' residences for more than 21 calendar days without receiving the results of the national or expanded criminal history check; the statute does not impose a periodic recheck cycle for continuing employees.
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Disqualifying convictions. IC 16-27-2-5 bars employment for specified convictions (e.g., rape, exploitation of an endangered adult, battery, theft within certain periods), with time-limited bars allowing employment after statutory windows lapse.
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Registry checks. Employers of home health aides and CNAs must verify the Indiana Nurse Aide Registry maintained by the Indiana Department of Health for abuse/neglect findings.
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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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