The short answer New Hampshire home care providers licensed under RSA 151 must run state criminal record checks and screen the BEAS State Registry of founded abuse findings before hire; checks are name-based.
What New Hampshire requires
New Hampshire
Licensing rules. Home health care and home care service providers licensed under RSA 151 (He-P 809/822 rules) must obtain a New Hampshire criminal records check from the Department of Safety for each employee prior to or within a short window of hire.
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BEAS State Registry. RSA 161-F:49 establishes the Bureau of Elderly and Adult Services State Registry of founded abuse, neglect, or exploitation findings; providers must check the registry and may not employ listed individuals in direct care.
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Nurse aide registry. Agencies employing LNAs verify licensure and discipline through the NH Board of Nursing, which functions as the state's nurse aide registry.
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Name-based checks. The standard NH criminal history check is name-based through the Department of Safety; FBI fingerprint checks are not generally mandated 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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