The short answer Nebraska requires licensed home health and in-home personal services providers to check criminal history plus the APS and child abuse central registries and the nurse aide registry; checks are name-based with no FBI mandate.
What Nebraska requires
Nebraska
Licensure screening. Nebraska DHHS licensure regulations (175 NAC) require home health agencies to complete pre-employment screening of direct care staff, including a criminal background check and registry reviews, before client contact.
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Central registries. Employers must request checks of the Nebraska Adult Protective Services Central Registry and the Child Abuse and Neglect Central Registry through DHHS for substantiated maltreatment findings.
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Nurse aide registry. The Nebraska Nurse Aide Registry must show active status with no abuse/neglect/misappropriation findings before an aide provides care in a licensed setting.
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Name-based checks. Criminal checks run through the Nebraska State Patrol name-based repository; fingerprint/FBI checks are not universally required for home care hires.
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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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