Speaking out for People with
 Intellectual and Developmental Disabilities


Support Mandatory Background Checks For Medicaid LTC Direct Care Staff

Abuse and Neglect of Vulnerable Populations Widely Recognized: 
Mandatory National Background Checks for Direct Care Workers Needed

In support of its voluntary national background checks program for states, the Centers for Medicare & Medicaid Services (CMS), noted that “long term care (LTC) patient abuse, neglect and misappropriation of funds have been identified as a widespread problem for millions of Americans receiving LTC services.” (CMS National Background Checks Program).

VOR is grateful to Congress for its past support of national background checks. The 2003 Medicare Modernization Act (Section 307) provided for a demonstration program, and the Affordable Care Act’s national background check grant program was even more robust. According to CMS, "both actions point in the direction of potential national applicability." (National Background Check Program (NBCP) For Long Term Care Facilities and Providers: Frequently Asked Questions," CMS (Updated January 2014)).

We agree and now ask for Congressional support in making this necessary program mandatory.

Read full position paper

Other resources:

Safe at Home Developing Effective Criminal Background Checks and Other Screening Policies for Home Care Workers (AARP / NCSL, 2009)

Safe at Home: State Summaries (AARP /NCSL, 2009)

U.S. Department of Health and Human Services, Office of Inspector General: Memorandum Report: State Requirements for Conducting Background Checks on Home Health Agency Employees, OEI-07-14-00131 (May 29, 2014)

The DD Act: The Need for Immediate Reform

For the first time in nearly a decade, Congress will be considering the reauthorization of programs receiving federal funding under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act). 

While the DD Act’s policy endorses residential choice and individual decisionmaking, some DD Act programs, through legislative lobbying, class action lawsuits and other tactics, act to eliminate one of those choices – Medicaid-certified and funded Intermediate Care Facilities for Persons with Mental Retardation (ICFs/MR).