The short answer Louisiana requires criminal history and security checks through the Louisiana State Police (or LSP-authorized private agencies) for non-licensed direct care workers of home health agencies and HCBS providers — fingerprinting is optional, not required — plus a mandatory Direct Service Worker Registry check.
What Louisiana requires
Louisiana
Statutory requirement. La. R.S. 40:1203.1 et seq. requires licensed providers, including home health agencies and home and community-based services providers, to obtain a criminal history and security check on non-licensed persons with direct patient contact before hire, run through the Louisiana State Police Bureau of Criminal Identification and Information or an LSP-authorized private agency; under R.S. 40:1203.2 the employer may — but is not required to — request that the check be performed using fingerprints.
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Disqualifying convictions. R.S. 40:1203.3 bars employment of persons convicted of enumerated crimes (violence, sex offenses, abuse or neglect, drug distribution, theft/fraud) in direct care roles, with the employer required to terminate upon learning of a disqualifying conviction.
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Direct Service Worker Registry. 48 La. Admin. Code Pt. I, Ch. 92 requires checking the Louisiana Direct Service Worker Registry for findings of abuse, neglect, or misappropriation before employing a DSW; individuals with findings are barred.
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2018 vendor flexibility. Amendments allow providers to purchase checks from LSP-approved private vendors that include national database results, easing turnaround while keeping LSP as the authoritative source.
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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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