The short answer Michigan's Workforce Background Check program mandates fingerprint-based checks for covered licensed health facilities; private-duty non-medical home care is unlicensed, so fingerprint requirements attach mainly to Medicare/Medicaid and facility-based settings.
What Michigan requires
Michigan
Workforce Background Check. MCL 333.20173a requires fingerprint-based state police and FBI checks, run through the Michigan Long-Term Care Workforce Background Check program, for employees of covered licensed health facilities and agencies with direct patient access; Medicare-certified home health agencies participate through certification requirements.
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No private home care license. Michigan does not license private-pay non-medical home care agencies, so no state statute compels criminal checks for those hires; prudent agencies follow the Workforce Background Check disqualification framework voluntarily and comply with FCRA when using vendors.
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Registry checks. Employers of aides must verify the Michigan Nurse Aide Registry, and covered employers screen OIG exclusions and the national and state sex offender registries as part of the program's package.
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Disqualifying convictions. MCL 333.20173a establishes tiered disqualifying convictions with time limits (e.g., 15-year, 10-year, 5-year bars) and permanent bars for the most serious offenses, and prohibits conditional employment before results for covered facilities.
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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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