Background Check Requirements for Home Care Workers in Kansas

Statutory prohibition. K.S.A. 65-5117 (parallel to K.S.A. 39-970 for adult care homes) prohibits home health agencies from knowingly hiring persons convicted of specified crimes (person felonies, abuse, theft) or with adverse findings, based on a Kansas Bureau of Investigation criminal history check obtained through the KDADS criminal record check program. Source ↗

Registry checks. The KDADS check screens the Kansas Nurse Aide Registry (including abuse, neglect, or exploitation findings), the DCF Adult Abuse, Neglect and Exploitation Central Registry, and the DCF Child Abuse and Neglect Central Registry, along with KBI criminal history, before hire. Source ↗

Fingerprint checks phased in (KanCheck). 2018 amendments to K.S.A. 65-5117 added national fingerprint-based checks: an applicant authorized for a national check has 20 calendar days to submit fingerprints through an authorized collection site to remain eligible for provisional employment, and KDADS' KanCheck portal (built under the CMS National Background Check Program) processes KBI/FBI fingerprint checks with rap back monitoring, while routine screening otherwise runs as name-based KBI checks. Source ↗

Time-limited bars. Certain convictions bar employment permanently (e.g., crimes against persons), while for other specified felonies an applicant may be hired once six or more years have elapsed since completing the sentence; a disqualified applicant may apply to the secretary for aging and disability services for a waiver after five years have elapsed. 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 ↗