Background Check Requirements for Home Care Workers in Pennsylvania

OAPSA / Act 169. The Older Adults Protective Services Act (35 P.S. § 10225.101 et seq., as amended by Act 169 of 1996) requires facilities and agencies serving older adults, including home care agencies, home care registries, and home health agencies, to obtain criminal history checks for all applicants with direct care roles. Source ↗

PSP check + FBI for recent arrivals. Every applicant needs a Pennsylvania State Police (PATCH) criminal history check; applicants who have not been Pennsylvania residents for the two consecutive years preceding application must also complete an FBI fingerprint check through the Department of Aging's fingerprint vendor. Source ↗

Home care licensing rule. 28 Pa. Code Chapter 611 (home care agencies and registries) codifies the requirement: agencies must obtain the criminal history report before the individual provides care, or within 30 days if provisionally hired under supervision (§ 611.55). Source ↗

Prohibitive offenses. OAPSA § 10225.503 lists prohibitive offenses (e.g., criminal homicide, aggravated assault, sexual offenses, felony drug violations, theft) that bar employment; following Peake v. Commonwealth (Pa. Cmwlth. 2015), lifetime employment bans have been held unconstitutional as applied, and the Department of Aging directs employers to conduct individualized assessments for older convictions. Source ↗

Provisional hire window. Provisional employment pending results is capped (30 days for residents, 90 days for out-of-state applicants) and requires supervision and a signed disclosure that the applicant is not disqualified. Source ↗

Registry checks. Pennsylvania has no separate home care abuse registry, but agencies employing nurse aides must check the PA Nurse Aide Registry, and Medicaid/OLTL waiver providers must screen OIG and Medicheck exclusion lists. Source ↗

Child care crossover. If serving minors, workers also need Act 34 (PSP) and Act 151 (ChildLine child abuse) clearances plus FBI where applicable under 23 Pa. C.S. § 6344, a distinct scheme from OAPSA. 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 ↗