Background Check Requirements for Home Care Workers in New Jersey

CHHA fingerprinting. N.J.S.A. 45:11-24.3 and P.L. 2002, c. 104 require every applicant for homemaker-home health aide (CHHA) certification to undergo a criminal history record background check, including fingerprint identification checked against New Jersey State Police and FBI records, before the Board of Nursing issues certification. Source ↗

Statutory check mechanics. N.J.S.A. 53:1-20.9a directs the Division of State Police to conduct the name and fingerprint check and forward results to the Board of Nursing to determine whether disqualifying convictions exist. Source ↗

Health care service firm registration. Health care service firms placing CHHAs in private homes must register with the Division of Consumer Affairs (N.J.A.C. 13:45B-13) and may only place aides holding active Board of Nursing certification, effectively making the fingerprint clearance a condition of placement. Source ↗

DOH facility checks. Separately, N.J. Department of Health-licensed health care facilities and home health agencies run criminal background checks on covered direct care staff via the DOH fingerprint submission process (MorphoTrust/IDEMIA). Source ↗

Disqualifying crimes. Disqualifying convictions include crimes involving danger to the person (homicide, assault, sexual offenses), crimes against vulnerable populations, and drug distribution offenses; applicants may demonstrate rehabilitation under the framework of N.J.S.A. 45:1-21(f) review. Source ↗

Ongoing certification. CHHA certification renews biennially; the Board's criminal history process includes flagging of subsequent New Jersey arrests of certified aides, and employers must verify active certification at hire and renewal. Source ↗

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. Source ↗

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. Source ↗

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. Source ↗

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. Source ↗