The short answer Washington requires all long-term care workers, including home care agency aides, to pass a name/DOB check every two years and an FBI fingerprint check (new hires and those living out of state within 36 months), processed through the DSHS Background Check Central Unit.
What Washington requires
Washington
Long-term care worker checks. RCW 74.39A.056 and RCW 43.43.837 require background checks for long-term care workers, including home care agency providers, before unsupervised access to clients: a Washington State Patrol name and date-of-birth check plus a national fingerprint-based FBI check for new hires and those who lived outside Washington in the prior 36 months.
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BCCU processing. Checks are processed by the DSHS Background Check Central Unit (BCCU); Medicaid-contracted home care agencies receive results through the Background Check System, and the fingerprint check must be completed within 120 days of hire.
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Two-year recheck. Long-term care workers must complete a new name/DOB background check at least every two years, and DSHS may require a new fingerprint check at any time.
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Disqualifying crimes. RCW 43.43.830/.842 and DSHS Secretary's List rules define disqualifying convictions and negative actions (abuse findings, revoked credentials); some crimes are permanently disqualifying while others allow employment after set periods, with a character, competence, and suitability review available.
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Home care aide certification. Most agency caregivers must also obtain DOH Home Care Aide certification, which carries its own fingerprint-based background check as a credentialing condition.
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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://app.leg.wa.gov/rcw/default.aspx?cite=74.39a.056
- https://www.dshs.wa.gov/altsa/background-checks-medicaid-contracted-home-care-agencies-hca
- https://www.dshs.wa.gov/altsa/background-checks-private-home-care-agencies-hca
- https://app.leg.wa.gov/rcw/default.aspx?cite=43.43.830
- https://doh.wa.gov/licenses-permits-and-certificates/professions-new-renew-or-update/home-care-aide/certification-requirements
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