Caregiver background check rules in Virginia

Yes. Virginia requires a criminal background check before a caregiver works with clients. Home care organizations must get a criminal record report from the Virginia Department of State Police within 30 days of employment (dated no more than 90 days before hire) and a sworn disclosure statement. Employees may not be convicted of barrier crimes listed in Code § 32.1-162.9:1 and may not work unsupervised in direct patient contact until the report arrives.

What does the check include?

What should you confirm with the state?

Training hours for the required DMAS curriculum aren't stated in the regulation; confirm the current requirement with the Virginia Department of Health, Office of Licensure and Certification. Companion-only or homemaker-only programs that don't help with activities of daily living may be exempt from licensing. The rule requires a State Police criminal record report and doesn't mention fingerprints.

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.