The short answer Virginia home care organizations must obtain a Virginia State Police criminal record check within 30 days of employment and may not employ persons convicted of barrier crimes; checks are name-based with fingerprints for certain Medicaid roles.
What Virginia requires
Virginia
Home care organization statute. Va. Code § 32.1-162.9:1 requires licensed home care organizations and hospice programs to obtain, within 30 days of employment, an original criminal record report from the Virginia State Police for compensated employees in direct patient care and prohibits employing persons convicted of barrier crimes.
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Barrier crimes list. The consolidated barrier crimes list in Va. Code § 19.2-392.02 covers murder, abduction, assault, sexual offenses, abuse or neglect of children or vulnerable adults, robbery, and certain drug felonies; some drug-related bars lift after five years with evidence of rehabilitation.
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Sworn disclosure. Applicants must sign a sworn disclosure statement of criminal history at application, kept in the personnel file, and providers must document the VSP report before or shortly after hire.
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Registry checks. Employers verify the Virginia Nurse Aide Registry through the Board of Nursing and, when serving children, check the DSS Central Registry of child abuse findings.
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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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