Finding and hiring caregivers: questions, answered
By Scott McKenzie, founder of Home Care Agency Blueprint · Updated
Short answers to the questions home care owners ask most about recruiting and hiring caregivers. Where the answer depends on your state, we say so.
Your state sets the details. Federal rules set a floor for recruiting, background checks and hiring paperwork. States and cities can add their own rules, such as caregiver background checks, registry listings, training before client contact, limits on how criminal history is used, and wage rules. Check with your state licensing agency and state labor agency. For licensing items, homecarelicenseguide.com, also published by Home Care Agency Blueprint, collects each state’s sources.
Questions and answers
Where do I find caregivers?
Job boards, your own careers page, referrals, local American Job Centers, community organizations and training programs. Use several channels at once rather than relying on one network.
What should I ask in a caregiver interview?
Job-related questions about reliability and availability, care experience, judgment and safety, communication and boundaries, and fit with the role. Ask every candidate for the same job the same questions.
What should I not ask in an interview?
Before a conditional job offer, do not ask about disabilities or medical conditions. Avoid questions about marital status, children, childcare, race, religion, national origin, age or genetic information.
Do I need the applicant’s permission to run a background check?
If you get the report from a company in the business of compiling background information, yes. The FCRA requires a stand-alone written notice and written permission first.
What happens if a background check turns something up?
Apply the same standards you use for everyone and consider whether the issue relates to the job. If you plan to reject the person because of a report, the FCRA requires a notice with a copy of the report and the summary of rights first, and an adverse action notice after.
What is the OIG exclusion list?
A list kept by the HHS Office of Inspector General of individuals and entities excluded from federally funded health care programs. OIG advises health care entities to check it for new hires and current employees.
Can caregivers be independent contractors?
It depends on the working relationship. Under the IRS common-law rules, what matters is whether you have the right to control what will be done and how it will be done. States apply their own tests too.
What paperwork does a new caregiver need?
At the federal level, Form I-9 and Form W-4, and you report the new hire to the state where they work. Your state may add its own forms and steps.
Does this site cover caregiver training?
No. This site covers finding, screening and hiring caregivers. For training requirements, check with your state licensing agency.
How long do I keep hiring records?
EEOC rules require covered employers to keep personnel and hiring records, including applications from people not hired, for one year, and longer if a discrimination charge is filed. Other laws and your state may require longer.
Who publishes this site?
Home Care Agency Blueprint, which sells courses and coaching to people starting home care agencies. We say so on every page so you can weigh our perspective.
Want to talk through your options?
A free 15-minute clarity call with Home Care Agency Blueprint. It helps people start home care agencies, so expect that perspective. You do not need a hiring plan first.
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