The short answer Nevada requires fingerprint submission to the Central Repository and FBI within 10 days of hire for employees of home health agencies and personal care agencies, with re-fingerprinting every five years.
What Nevada requires
Nevada
Fingerprint statute. NRS 449.123 requires employees of facilities and agencies licensed under NRS ch. 449, including agencies to provide personal care services in the home and home health agencies, to submit fingerprints within 10 days of hire for a Central Repository and FBI criminal history check.
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Five-year recheck. Covered employees must resubmit fingerprints at least once every five years after initial hire to maintain eligibility.
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Disqualifying convictions. NRS 449.174 lists disqualifying convictions (e.g., murder, assault, abuse or exploitation of older/vulnerable persons, sexual offenses, certain theft and drug felonies within 7 years); agencies must terminate employees with confirmed disqualifying records, subject to a limited opportunity to correct records.
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Registry checks. Employers verify CNA licensure through the Nevada State Board of Nursing and screen the state sex offender registry and OIG exclusion list for Medicaid participation.
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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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