In New York, a licensed home care agency must request a fingerprint-based criminal history record check from the State Department of Health (DOH) for each unlicensed aide who gives hands-on care in a client’s home. An old conviction does not automatically end a home care career: certain felonies lead DOH to propose a denial, and everything else is weighed case by case under Correction Law Article 23-A. A family that hires an aide directly, without an agency, has no access to that DOH check.
Which home care workers need a criminal history record check?
The rule is 10 NYCRR Part 402, issued under Executive Law 845-b. It applies to certified home health agencies, licensed home care services agencies (LHCSAs), long term home health care programs and certified hospice programs. The covered worker is any unlicensed person who gives face-to-face care under the patient’s plan of care, including people supplied by a temporary staffing agency. Licensed professionals, such as nurses, are excluded.
| Who is the caregiver? | Who employs them? | Criminal history screening that applies |
|---|---|---|
| Home health aide (HHA) or personal care aide (PCA) | A licensed home care agency (LHCSA) or certified home health agency | DOH fingerprint-based criminal history record check under Part 402, before regular work |
| Aide placed by a temporary staffing agency | The staffing agency, working for a home care agency | Covered by Part 402 in the same way |
| Hospice aide | A certified hospice program | Covered by Part 402 for staff hired on or after April 1, 2018 |
| CDPAP personal assistant | The person receiving care, with PPL as fiscal intermediary | PPL runs state and federal database checks at registration and monthly. I found no DOH rule requiring the Part 402 fingerprint check for these assistants. |
| Aide hired directly by a family | The family | No DOH check is available to the family. The Department of Labor says so in its employer guide. |
The PPL Personal Assistant Agreement says its checks use federal and New York State databases of people who cannot work in CDPAP. It does not describe a fingerprint check, so ask PPL if that matters to you. Our CDPAP eligibility guide explains who can be hired.
How does the check work, step by step?
The agency handles the paperwork, following Part 402, sections 402.5 and 402.6.
- Sworn statement. Where the law allows, the agency asks for a sworn statement about any prior finding of patient abuse and any criminal conviction, in New York or elsewhere.
- Notice and consent. The applicant gets written notice, including the right to review and seek correction of the record, and signs a consent form.
- ID and fingerprints. The applicant shows two forms of ID, at least one with a photo. The agency arranges the fingerprinting, itself or through an outside entity. Rejected prints must be resubmitted within 14 days.
- DOH review. DOH obtains New York criminal history from the Division of Criminal Justice Services, which can send the prints to the FBI for a national check.
- Temporary approval, if the agency chooses. While the result is pending, the worker must be observed and evaluated weekly by someone with at least a year of home care experience, on site in the home the first week and at least every other week after that.
- Determination. DOH tells the agency whether it will not object or proposes to disapprove. Only designated “authorized persons” at the agency may see the criminal history, and it must stay confidential.
Will an old felony or misdemeanor disqualify a home care aide?
It depends on the offense and, for some, on how long ago it happened. Section 402.7 sets out the categories that trigger a proposed disapproval, unless DOH decides that employing the person “will not in any way jeopardize” the health, safety or welfare of patients.
| Conviction on record | Look-back period in the rule | What DOH does |
|---|---|---|
| Felony sex offense | Any time | Proposes disapproval unless it finds no risk |
| Class A felony | Any time | Same |
| Felony involving violence | Within the past 10 years | Same |
| Class B or C felony | Within the past 10 years | Same |
| Endangering the welfare of an incompetent or physically disabled person (Penal Law 260.25), and offenses under Penal Law 260.32 and 260.34 | No time limit stated | Same |
| Class D or E felony under Penal Law articles 120, 130, 155, 160, 178 or 220 | No time limit stated | Same |
| Any other conviction, including most misdemeanors | Judged under Correction Law Article 23-A | May propose disapproval |
| Pending felony charge | Not applicable | Holds the decision until the case is resolved; the aide cannot give direct care meanwhile |
| Pending misdemeanor charge | Not applicable | May hold the decision, depending on severity |
Comparable offenses in other states count too. This is the published rule, not a prediction for any one person; DOH, not the agency, decides.
How are borderline cases decided?
For other convictions, DOH acts consistently with Correction Law 752. It bars denial because of a past conviction unless the offense has a direct relationship to the job, or hiring the person would pose an unreasonable risk to property or to the safety of individuals or the public. Section 753 requires weighing the job’s duties, how much the offense bears on them, time passed, the person’s age then, seriousness, and evidence of rehabilitation. A certificate of relief from disabilities or of good conduct must also be considered and creates a presumption of rehabilitation for the offenses it names.
If DOH proposes to disapprove someone, it must send the person and the agency a written summary of the criminal history. The person then has 30 calendar days from the mailing date to explain in writing why eligibility should not be denied (section 402.7(b)). The aide may not give direct care while a proposed disapproval is pending. Under Public Health Law 2899-a, the person can also correct errors in the record. I found no separate appeal procedure on DOH’s pages, so consider free legal help before responding.
Who pays for fingerprinting and the check?
Not the worker. Section 402.4(e) says a provider may not seek payment, directly or indirectly, from an applicant or employee for the check fees or its own costs. The state may reimburse some agencies, and certified agencies can claim the costs under Medicaid (section 402.10). I found no current fee amount on an official DOH page, so I am not quoting one.
What health screening do aides have to pass?
Under 10 NYCRR 766.11, a licensed agency must assess and document each new employee’s health before patient care starts. Staff with patient contact need records of rubella and measles immunity and a tuberculosis risk assessment and test before employment, then annual TB assessments and an annual health status assessment. They also need flu vaccination or a mask in flu season. The agency must verify identity and past employment before the aide meets a patient.
Can a home health aide or personal care aide be self-employed in New York?
The Department of Health says an organization must be licensed or certified as a home care agency to provide or arrange home care services in New York. Public Health Law 3605 bars operating an unlicensed home care services agency, and section 3602 defines one as an organization arranging or providing aide, nursing and related services, directly or by contract. Medicaid routes are fixed too: the state’s CDPAP-versus-PCS factsheet says a personal care aide is employed, managed and trained by a home care agency, while a CDPAP assistant is employed by the consumer.
On status, the Department of Labor’s household employer guide says “a person providing home health aide services is considered an employee” in general, and its FAQ says that if you hire an aide directly, you are the employer, with minimum wage and overtime duties. The independent contractor page describes a contractor as someone in business for themselves, free from direction and control, with their own insurance, schedule and rates and services offered to the public. A referral agency can become the employer if it controls client contact, billing or wages.
What I could not verify: I found no provision that either bans a lone aide from working privately or licenses one to operate as a business. Classification turns on the facts, and the official sources lean toward “employee.” Ask the Department of Labor’s Liability and Determination Section or an employment lawyer. This is general information, not legal advice. Note that, per the Registry FAQ, an aide who has only worked privately has never had a DOH background review.
How can a family check an individual aide?
Search the New York State Home Care Registry by name or registry number. Per the DOH Registry FAQ, “Yes” in the employment approval column means the background investigation was favorable and certification is current, “No” means disapproved, “Unknown” can mean a review is pending, and “Never Reviewed by NYS DOH” covers aides working before September 1, 2006 and private-duty aides. A determination is only valid as of its date. Our registry walkthrough shows how to search, the HHA certificate guide covers the training, and aides looking for work can start with HHA jobs in NYC.
What should families ask an agency about screening?
Wider vetting questions are in our guide to choosing a home care agency. You can look up an agency in DOH’s provider profiles.
| Question to ask | What a solid answer sounds like |
|---|---|
| Are you licensed or certified by the NYS Department of Health? | A license or certificate number you can look up |
| Has every aide who will visit us had the DOH criminal history record check? | “Yes, with a determination on file,” not “we run our own background check” |
| Can a worker start before the DOH result arrives? | If yes, how that person is supervised in the first weeks |
| Is the aide listed on the Home Care Registry? | A registry number and a current certificate |
| What health screening do aides complete? | Immunity records, TB screening and yearly health assessments |
| What happens if a new charge or concern comes up? | A clear process for removing the aide from the case and telling you |
| Who do I call about a problem? | A named nurse or coordinator, plus DOH’s complaint line, 1-800-628-5972 |
ProLife Home Care is a licensed home care agency in Brooklyn and Queens, licence #2572L001, New York State Department of Health. As a licensed agency we are subject to the rules described above; our in-home care page lists what we provide. If you want to talk through what to ask, or how agency care compares with hiring on your own, call (718) 232-2777 or use our contact page.
Rules change. Checked on 9 October 2026 against the NYS Department of Health, Department of Labor, NYS Senate statute pages and PPL. DOH’s Registry FAQ was last revised in 2014 and the Labor employer guide is a 2021 edition. Confirm details with DOH or an attorney.
Frequently asked questions
Does a home care aide in New York have to pass a background check?
Yes, if the aide works for a licensed home care agency or certified home health agency. The agency must request a fingerprint-based criminal history record check through the Department of Health for each unlicensed worker who gives face-to-face care.
Can someone with a felony work as a home health aide in New York?
Sometimes. Sex-offense and class A felonies at any time, and violent, class B or class C felonies within ten years, lead DOH to propose denial unless it finds no risk. Other convictions fall under Correction Law Article 23-A.
Can a home care aide with a misdemeanor conviction be hired?
Possibly. Most misdemeanors are reviewed under Article 23-A, which weighs job duties, time passed, age, seriousness and rehabilitation. A pending misdemeanor charge may delay the decision.
Who pays for an aide’s fingerprinting and background check?
The agency. New York rules bar a provider from seeking payment for the check from the applicant or employee. I found no current fee amount on an official page.
Are CDPAP personal assistants background checked?
PPL’s agreement says it runs federal and state database checks at registration and monthly. I found no rule requiring the agency-style DOH fingerprint check for CDPAP assistants.
Can a home health aide or personal care aide work as an independent contractor in New York?
I could not confirm that it is allowed. The Department of Labor says a person giving home health aide services is generally an employee, and a client who hires an aide directly takes on employer duties.
How can I check whether an aide has been cleared?
Search the NYS Home Care Registry and read the employment approval status. It is a snapshot, so also ask the agency how it confirms clearance.
