The short answer New York's Criminal History Record Check (CHRC) program requires fingerprint-based checks for unlicensed direct care staff of certified home health agencies and licensed home care services agencies, alongside Home Care Registry verification for aides.
What New York requires
New York
CHRC statute. Public Health Law Article 28-E (§ 2899 et seq.) and Executive Law § 845-b require certified home health agencies (CHHAs), licensed home care services agencies (LHCSAs), and long-term home health care programs to obtain fingerprint-based criminal history record checks for prospective unlicensed direct care employees.
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CHRC process. Checks are submitted through the DOH Criminal History Record Check unit via the Health Commerce System; fingerprints are searched against NYS Division of Criminal Justice Services and FBI records, and DOH issues the legal determination to the provider.
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Supervision pending clearance. Temporary employees may not provide unsupervised direct care until the CHRC is complete; since July 1, 2019 they must be supervised by cleared or exempt staff during the pendency of the check.
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Disqualification framework. Class A felonies bar employment without time limit and Class B or C felonies within 10 years create a presumptive bar, subject to Correction Law Article 23-A individualized analysis of rehabilitation and direct relationship to duties.
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Home Care Registry. Home health aides and personal care aides must appear on the NYS Home Care Worker Registry, which documents training completion and employment; agencies must verify registry status at hire.
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Licensed professionals exempt. Licensed professionals (RNs, LPNs, therapists) are exempt from CHRC fingerprints but must have licensure verified through the State Education Department; OIG/OMIG exclusion checks are required for Medicaid providers.
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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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Primary sources for this page
- https://www.nysenate.gov/legislation/laws/PBH/2899
- https://www.health.ny.gov/professionals/chrc/
- https://www.health.ny.gov/facilities/adult_care/dear_administrator_letters/docs/dal_20-04_dhcbs_20-01.pdf
- https://www.health.ny.gov/professionals/chrc/
- https://www.health.ny.gov/professionals/home_care/registry/
- https://omig.ny.gov/medicaid-fraud/medicaid-exclusions
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