The short answer Mississippi requires fingerprint-based criminal history checks for new employees of licensed health care entities, including home health agencies, plus nurse aide abuse registry verification.
What Mississippi requires
Mississippi
Fingerprint statute. Miss. Code Ann. § 43-11-13 requires licensed entities, including home health agencies, to conduct a fingerprint-based criminal history record check (state and FBI) on every new employee with direct patient contact, coordinated through the Mississippi State Department of Health.
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Disqualifying offenses. The statute disqualifies persons convicted of felonies including abuse or neglect, sexual offenses, homicide, robbery, and felony drug crimes from employment in direct patient care, with a signed affidavit required pending results.
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Registry check. Employers must verify the Mississippi Nurse Aide Registry for abuse, neglect, or misappropriation findings before employing aides.
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Non-medical care gap. Mississippi does not license non-medical personal care agencies statewide, so the fingerprint mandate attaches to licensed home health; Medicaid waiver providers follow DOM screening rules.
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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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