The short answer Wisconsin's Caregiver Law requires DOJ criminal record checks and Caregiver Misconduct Registry screening every four years for home health and personal care agency workers, with a rehabilitation review process for barred individuals.
What Wisconsin requires
Wisconsin
Caregiver Law. Wis. Stat. § 50.065 requires DHS-regulated entities, including home health agencies and personal care providers, to obtain a Wisconsin DOJ criminal history search and complete the Background Information Disclosure (BID) form for caregivers before hire.
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Caregiver Misconduct Registry. Employers must check the DHS Caregiver Misconduct Registry (maintained with the nurse aide registry) for substantiated findings of abuse, neglect, or misappropriation; a registry finding bars caregiver employment.
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Four-year recheck. Background checks must be repeated at least every four years for continuing caregivers, and out-of-state records must be sought when the person lived outside Wisconsin during the look-back period.
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Rehabilitation review. Persons barred by serious crimes listed in the statute may apply for a rehabilitation review through DHS to regain caregiver eligibility, one of the most formalized rehabilitation processes among states.
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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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