Compliance
Caregiver Background Check Requirements: A Guide for Agencies
Most states require a criminal check before client contact, many fingerprint-based through the FBI. Five states' rules, FCRA steps, exclusion lists and rechecks.
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Yes. Arkansas requires a criminal background check before a caregiver works with clients. Private care agencies must keep evidence of criminal history records checks on all operators, applicants, and employees. Under the 2010 ADH rule, a state check is required, a federal check is added if the person has not lived in Arkansas for the past five years, and checks repeat at least every five years.
| Check required | Yes |
|---|---|
| Fingerprint-based | Not specified |
| Rule | Ark. Code Ann. 20-38-101 et seq.; ADH Rules for Conducting Criminal History Records Checks for Home Health, Hospice and Private Care Agencies |
The private care agency rule is written for agencies providing Medicaid personal care, so confirm with the Arkansas Department of Health whether a private-pay-only companion agency needs a license. Act 853 of 2025 changed some certification requirements, and the license fee isn't listed in the rule; confirm both with the Department. A fingerprint-based federal check is required only for people who haven't lived in Arkansas continuously for five years.
Agencies that bill Medicaid or Medicare should also check the HHS Office of Inspector General exclusion list before hire and monthly, because payments for services by an excluded person can be recovered. If you use a background screening company, the Fair Credit Reporting Act requires written disclosure and the applicant's authorization first.
Compliance
Most states require a criminal check before client contact, many fingerprint-based through the FBI. Five states' rules, FCRA steps, exclusion lists and rechecks.
Recruiting
A seven-day caregiver hiring process: same-day reply, 24-hour phone screen, interview by day 3, conditional offer, background check and I-9 on time, shadow shift by day 7.
Recruiting
Three stages: paperwork, screening and training before the first shift, a supported first shift, and check-ins through day 90. Federal deadlines included.
Compliance
Track every caregiver credential with an expiry date, alert at 60 and 30 days, and block assignments when something lapses. Surveyors check the visit date.
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