Caregiver background check rules in New York

Yes. New York requires a criminal background check before a caregiver works with clients, using fingerprints. LHCSAs must request a Department of Health criminal history record check for unlicensed staff who give direct care, sending two sets of fingerprints, which the Department may forward to the FBI. An employee may work under supervision while the check is pending.

What does the check include?

What should you confirm with the state?

There is no fixed license term; licensed home care services agencies file an annual statistical report and registration with the New York State Department of Health. Confirm with the Department whether companion- or housekeeping-only services need a license, and confirm the current home health aide training hours.

What other checks should you run?

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.