HHA Background Checks
MISTAKES IN YOUR PAST?
Introduction
Do you need a background check to become a Home Health Aide? The straightforward answer is, yes. In most jurisdictions, background checks are a mandatory part of the employment process for home health aides. This crucial step helps healthcare organizations ensure that their employees are reliable and competent enough to work with vulnerable individuals.
In this guide, we’ll delve into why background checks are important, what types of background checks you may undergo, and how you can best prepare for them.
Why Background Checks are Important
Safety of Vulnerable People
Working as a home health aide (HHA) often means interacting with at-risk individuals—be it the elderly, children, or people with disabilities.
This sensitive population requires a high level of trust and care, and a background check helps confirm that you are someone who can be entrusted with their well-being.
| Reasons for Background Checks | Importance in Healthcare |
|---|---|
| Safety of Vulnerable People | High |
| Compliance with Regulations | High |
| Reducing Patient Abuse | Moderate to High |
Compliance with Healthcare Organization Regulations
Healthcare organizations are highly regulated institutions that need to comply with both federal and state laws. A background check serves as a means to adhere to these stringent regulations. If you’re curious about what exactly these regulations entail, read more about Federal Home Health Aide Qualifications.
Reducing Patient Abuse
Sad but true, patient abuse, whether it’s elder neglect or exploitation, is a grim reality that healthcare providers aim to mitigate. Criminal records checks and even drug screens can provide indicators if an applicant might pose a risk in patient care settings. They can’t catch everything but they certainly weed out the most serious offenders.
Types of Background Checks for Home Health Aides
When it comes to the employment verification process for home health aides, there are several types of background checks you may need to undergo. Below is a detailed list to help you understand what to expect.
Criminal Records
What it Includes:
- Crime History: Information about past criminal activity.
- Legal Background: Court records and judgements.
- Conviction Records: Documentation of any criminal convictions.
Did you know?
Some states allow healthcare organizations to consider only convictions related to the job when evaluating your criminal history. Be sure to understand the regulations in your specific state.
Employment Verification
What it Includes:
- Job History: Your previous work experience.
- Work Authentication: Proof of your past employments.
- Career Confirmation: Verification from previous employers about your role and performance.
Education Verification
What it Includes:
- Academic Records: Transcripts, degrees, and diplomas.
- School Authentication: Verification from the academic institutions you attended.
- Degree Confirmation: Proof that you have completed the required education for the position.
Drug Screen
What it Includes:
- Drug Testing: Laboratory tests for illegal substances.
- Substance Analysis: Breakdown of what substances were tested for.
Driving Record
What it Includes:
- Traffic Violations: Past tickets and fines.
- License Suspensions: Any history of your driver’s license being suspended.
Sex Offender Registry
What it Includes:
- A check to see if your name appears in any sex offender database.
To learn more about how these checks translate into requirements, visit our in-depth guide on HHA Certification Facts.
Federal vs. State Requirements
Navigating the intricate web of federal and state laws can be tricky. Here’s how to decode the two:
Federal Requirements
- At a minimum, the federal government requires criminal background checks for healthcare workers.
- There may also be mandatory drug screening in accordance with federal law.
State-Specific Regulations
- States often have additional requirements that you must meet.
- These may include more thorough background checks, fingerprinting, and even specific types of employment verification.
| Level of Regulation | Background Checks Required | Additional Checks |
|---|---|---|
| Federal | Criminal Records | Drug Screening |
| State | Criminal Records, Employment, Education, etc. | Varies by State |
If an agency hires the wrong person to be a home health aide, then they are setting up the most vulnerable members of society for avoidable acts of crime and / or abuse. Factor in the cost of lawsuits and tarnished brand and it is essential that only the right folks are hired.
The Employment Application Process
Embarking on a new career as a HHA starts with an employment application, a step-by-step journey that paves the way for your professional future. But what exactly does this application process involve?
Employment Application Steps
- Job Form: Complete the application form provided by your potential employer.
- Career Submission: Submit the form along with any required documents, such as a resume or certificates.
- Initial Screening: The healthcare organization will review your application.
- Background Checks: Upon clearing the initial review, you’ll undergo various background checks.
- Final Review: After all checks and verifications, a final review will take place.
For more details on starting a career in home health, check out our Policies and Procedures for New Agencies.
How to Prepare for a Background Check
Preparation can go a long way in smoothing out the background check process. Here are some tips to get you started:
- Be Honest: Provide accurate information in your employment application to avoid discrepancies.
- Check Your Own Records: You can request your criminal, educational, and driving records to see what employers will find.
- Consult Legal Help: If you have concerns about what might show up, consult legal advice.
Common Concerns and How to Address Them
It’s normal to have concerns when it comes to background checks. Here are some common issues and how you can handle them:
- **Expunged Records
:** Most states allow you to withhold information about convictions that have been expunged.
- DUIs and Driving Records: A DUI may not automatically disqualify you, but it’s important to disclose it if required.
- Gaps in Employment: Be prepared to explain any long periods between jobs.
Did you know…
When it comes to home health agency employees, there is no federal requirement that workers pass a background check, and state laws are extremely varied.
With the demand very high for home health aides very high, some hiring agencies may be tempted to cut corners and not perform a background on candiates.
This can be illegal and, at the very least, may be expensive and very costly in the degradation of the brand.
What’s Included in a HHA Background Check?
Because background checks vary in scope they also vary in price.
For a home health agency, they will focus on such items/events as:
What is Included in The Background Process
Background checks are often the most time-consuming step in getting hired as a caregiver.
Some potential employers will only hire applicants with clean backgrounds, while others look at every applicant they can find and weigh their criminal history against other factors; for example: whether or not it was committed more than 5 years ago if there were no subsequent convictions.
In California, sexual assault crimes like rape and child molestation usually disqualify an applicant outright regardless of how long ago the crime took place. For those who don’t have any felonies on their record but do come up positive under certain screenings (like sex offender registries), this is when waivers become necessary to get around these barriers – which some states require before approving applications.
Caregiver background checks can go deeper than just a criminal history. They may also investigate driving records for repeated offenses, careless driving or anything that could indicate an applicant is not a safe driver. Credit reports are sometimes reviewed as well and contain information on payment history, outstanding debts, judgments and liens (among other things).
These factors might be disqualifying to certain agencies but this varies from one company to the next so it’s important to research in advance what each agency requires before applying!
Does Require a HHA Background Check?
Forty-one (41) states require home health agencies to conduct background checks; ten (10) states have no requirements though several have plans to implement changes.
The table below (HHA Background Check Requirements by State) shows the requirement for home health aides.
HHA Background Check Requirements by State
| State | Background Check? |
|---|---|
| Alaska | FBI and Statewide for Certain Individuals |
| Alabama | NONE |
| Arkansas | Statewide for All Individuals and FBI for Certain Individuals |
| Arizona | Statewide for All Individuals |
| California | Statewide for Certain Individuals |
| Colorado | Statewide for All Individuals and FBI for Certain Individuals |
| Connecticut | NONE |
| District of Columbia | FBI and Statewide for All Individuals |
| Delaware | FBI and Statewide for All Individuals |
| Florida | FBI and Statewide for All Individuals |
| Georgia | NONE |
| Hawaii | NONE |
| Iowa | Statewide for Certain Individuals |
| Idaho | FBI and Statewide for All Individuals |
| Illinois | FBI and Statewide for All Individuals |
| Indiana | Statewide for All Individuals and FBI for Certain Individuals |
| Kansas | Statewide for Certain Individuals |
| Kentucky | Statewide for All Individuals and FBI for Certain Individuals |
| Louisiana | Statewide for Certain Individuals |
| Massachusetts | Statewide for All Individuals |
| Maryland | Statewide for All Individuals |
| Maine | Statewide for All Individuals |
| Michigan | FBI and Statewide for All Individuals |
| Minnesota | Statewide for All Individuals and FBI for Certain Individuals |
| Missouri | Statewide for All Individuals |
| Mississippi | FBI and Statewide for All Individuals |
| Montana | NONE |
| North Carolina | FBI and Statewide for Certain Individuals |
| North Dakota | NONE |
| Nebraska | FBI and Statewide for Certain Individuals |
| New Hampshire | Statewide for All Individuals |
| New Jersey | NONE |
| New Mexico | FBI and Statewide for Certain Individuals |
| Nevada | FBI and Statewide for All Individuals |
| New York | FBI and Statewide for All Individuals |
| Ohio | FBI and Statewide for Certain Individuals |
| Oklahoma | FBI and Statewide for All Individuals |
| Oregon | Statewide for All Individuals |
| Pennsylvania | Statewide for All Individuals |
| Rhode Island | Statewide for Certain Individuals |
| South Carolina | FBI and Statewide for Certain Individuals |
| South Dakota | NONE |
| Tennessee | Statewide for Certain Individuals |
| Texas | Statewide for Certain Individuals |
| Utah | FBI and Statewide for All Individuals |
| Virginia | Statewide for All Individuals |
| Vermont | Statewide for Certain Individuals |
| Washington | Statewide for All Individuals |
| Wisconsin | Statewide for All Individuals |
| West Virginia | NONE |
| Wyoming | NONE |
Checklist for HHA Background Check
The home health agency must explicitly describe the scope of the check; they must also let the person know that any information may result in adverse employment action (i.e. not being hired as an applicant, being terminated as an employee).
As an applicant or employer, know the laws of the state and make sure you document everything accordingly.
Be wary of written notices, timeframes of when folks need to be notified, second notices if a person is not hired/terminated, allowing individuals to dispute the findings, copy of the background check, etc.).
