Do PA Nursing Homes and In-Home Care Agencies Conduct Background Checks on Staff?

If you have a parent or loved one in a nursing home or being cared for by a caregiver, one of your most critical concerns is likely about the safety of the staff caring for your loved ones. The simple answer is yes, Pennsylvania law requires nursing homes, senior care facilities and licensed caregiving agencies to conduct criminal background checks on their employees. This is a vital safeguard, but unfortunately, failures in this process can lead to devastating instances of abuse or neglect.

When you entrust a vulnerable senior to a long-term care facility, you have a right to expect that the people providing direct care have been properly vetted.

The Law Mandates Background Checks in Pennsylvania

The primary law governing this area in Pennsylvania is the Older Adults Protective Services Act (OAPSA). This Act is designed to protect our care-dependent older adults by establishing specific screening requirements for individuals who work in covered facilities, including nursing homes.

What Checks Are Required?

Under OAPSA, potential employees of nursing homes and similar facilities must undergo a thorough criminal history check before they are hired. These checks typically include:

1. Pennsylvania State Police Criminal History Record Check (PATCH): This is a statewide criminal record check.

   
   

2. FBI Criminal History Record Check: This national fingerprint-based check is required if the applicant has not been a resident of Pennsylvania for the two consecutive years preceding the application. The results of this check must be sent to the Pennsylvania Department of Aging for review.

   
   

3. Pennsylvania Child Abuse History Clearance: While primarily focused on children, staff in facilities that provide services to older adults often require this clearance as well.

These screenings are not merely a suggestion; they are a legal obligation for every facility and licensed agency. The law is intended to prevent individuals with certain disqualifying criminal convictions - especially those related to violence, theft, sexual offenses, and drug offenses - from being hired to care for vulnerable residents.

The Major Exception: Private Hires

Here is the critical difference and where families face the greatest risk:

• If you hire an independent caregiver directly, without going through a licensed agency or registry, you become the employer.

  
  

• The legal burden to conduct a background check falls to you, the individual or family.

  
  

• The independent caregiver is not required by OAPSA to obtain and provide these clearances, though a responsible family should absolutely insist upon them.

When an agency fails to run the checks, it's a violation of state law. When a family hires a private caregiver and skips the checks, they have foregone a vital layer of protection.

Where the System Can Fail: Negligent Hiring

The law is clear, but compliance isn't always perfect.  A nursing home's failure to adhere strictly to background check protocols may constitute negligent hiring.

Negligent hiring occurs when an employer fails to exercise reasonable care in the selection of its employees, and as a result, an employee causes harm. In the context of a nursing home, this can happen in several ways:

• Failure to Conduct the Required Checks: The facility may simply skip one or more of the legally mandated checks, or they may rush the process, leading to an incomplete picture of the applicant's history.

  
  

• Ignoring Red Flags: A background check might reveal a concerning past, but the facility hires the person anyway, perhaps out of desperation due to understaffing.

  
  

• Incomplete or Out-of-Date Records: The facility may rely on an old, outdated background check or one that only covers a limited geographic area.

  
  

• Failing to Conduct Ongoing Monitoring: While the initial check is crucial, some facilities fail to follow through on their legal duty to conduct appropriate risk assessments or review records on an ongoing basis as new information becomes available.

When a facility’s negligence in vetting its employees leads to staff-on-resident abuse, neglect, or injury, that facility can and should be held legally accountable. Hiring a staff member with a history of theft, only to have a resident's property stolen, or hiring an aide with a history of violence who then assaults a resident, are direct consequences of a negligent hiring failure.

What You Can Do to Protect Your Loved Ones

You are your loved one's best advocate. Don't be afraid to ask the tough questions.

When choosing a facility, or if you already have a loved one in care, you should:

• Ask About Their Hiring Policies: Inquire specifically about the background checks they perform. Ask if they conduct both state and federal (FBI fingerprint-based) checks for all direct-care employees.

  
  

• Be Vigilant: Closely monitor your loved one’s care. Any signs of unexplained injuries, emotional distress, or sudden changes in demeanor should be investigated immediately.

  
  

• Report Concerns: If you suspect an employee has a concerning past, or if you believe the facility's hiring practices are lax, report your concerns to the nursing home administrator and, if necessary, to the Pennsylvania Department of Health.

If your family member has suffered an injury or been subjected to abuse or neglect due to the clear failure of a nursing home to properly screen its employees, you need experienced legal help. As your experienced nursing home injury attorneys, our role is to thoroughly investigate the facility’s hiring and training records to determine if negligent hiring was a factor and to fight tirelessly to hold them accountable. The safety of our seniors is non-negotiable.