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Yes because it’s a private entity so can limit or restrict access as long as the rationale for doing this is not discriminatory. Personally I wouldn’t be surprised if in addition to the background check, they also wanted you to be bonded.

As an aside, you might want to read up on what all is looked at to be “bonded”. Your credit score and your business details will matter for the cost to get a surety bond.
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Of course it is! I had to take a drug test to work at the front desk of a Memory Care Assisted Living facility. Which I would've refused had I been using drugs....,
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PeggySue2020 Feb 20, 2025
Lea, again, you were a direct employee. Whereas contractors who come in paid specifically and only for one person were treated by my dh’s ccrc as basically the business of the resident (or poa family).
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I don't think there is any legality involved here. If I hired a guy to do work in my home, I could do a background on him. I have that right.

When it comes to businesses and facilities, they need to hire licensed indiviuals and companies to do work for them. Why, because of the liability. Lets say they hire an unlicensed electrician and the facility has a fire caused by this persons work. Insurance may not pay because the electrician was unlicensed.
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PeggySue2020 Feb 20, 2025
A private caregiver is not hired by the facility. Liability-wise, they may as well been “family” or “dear family friends” as said resident might define it.

Dh’s facility is not going to fingerprint you, your husband, your siblings, their in laws, their ex in laws, the unofficial goddaughters bf, or whomever
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I’m sure it is legal unless it is done for a specific illegal purpose, e.g., caregivers in specific civil rights protected classes are required to comply with rules that others are not.

Each business weighs the costs of additional requirements against the benefits. So this ALF has decided that the number of customers who will actually take their business to a different facility, costing them revenue is more than compensated for by reduced liability risk.

Or maybe the ALF has its own subsidiary of pre-approved “private caregivers.”

If a property management company catering to the 1% wanted to require background checks on all contractors, that would be legal too. Expensive and inconvenient, but legal.
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Frebrowser Feb 20, 2025
Apparently ALFs have been working with the issue for a while. Here is a 2016 reference. See page 2.

https://www.ahcancal.org/Assisted-Living/Provider-Resources/Documents/Private%20Caregiver%20Resources/Key%20Considerations%20on%20Private%20Caregivers.pdf
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An AL facility is itself a private business. They can make any rules they like. If you don't want to comply, you find another client or your client finds another carer. If you have anything dodgy in your past that could be embarrassing, go and talk to them about it.
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Yes, they can require a background check for you to work on their premise. A private nurse would have to have a license provided upon request.

To the one who mentioned a person working on boiler wouldn't have a background check...A boiler worker, electrician, plumber, etc. Are all Licensed and bonded that is even more than a simple background check.
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PeggySue2020 Feb 19, 2025
As to contractors, most are unlicensed. They are all working under a corporate license and not their own, even if they have it.
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My dh worked for a ccrc. While most caregivers were on agency, all were treated as guests of the residents, all who own condos there. If they wanted anyone in their condo, the front desk would let them in.
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Yes, they have a right to do a background check on you. You are coming into their facility. They want to make sure you have no misdemeanors or felonies. Especially drug related. If they find something, they can keep you from coming on the premises.

There is also a liability here. If your hurt, they will not be liable because u are hired privately.
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PeggySue2020 Feb 18, 2025
Facilities don’t normally background the guy who fixes the boiler or the elevator. Let alone families. This seems unusual.
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Yes, of course it is.

You have to do background checks in MANY many cases in life. I had to do one in order to volunteer in a reading program at San Francisco Public Schools. The fingerprinting (even though mine were already on file as a nurse) and the whole 9 yards.
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JoAnn29 Feb 18, 2025
In NJ RNs are fingerprinted. Back, maybe 15 yrs ago, our Nurses had to pay $70 to be fingerprinted by a certified facility. The Board of Nursing owns those fingerprints and will not release them to other places.
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If you are providing care at the facility, yes, it is very common for them to want a background check.

I bet the contract signed for admission covers this.

Why are you opposed?

I don't know why ALL caregivers aren't required to have level 1 finger print clearance, they are after all dealing with vulnerable people and should be checked into and provide enough personal identifiers to nail them if they go criminal.
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Reply to Isthisrealyreal
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A background check on who? You?

This must be because you are spending time in the facility with your client, so must be something related to liability.

I think your client's PoA is the one to do this. If your client doesn't have a PoA then this is a different problem.

If they are asking you directly then maybe your client has no PoA. I understand why the facility would want to protect their resident and also themselves. But I think this is a question for an attorney.
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You would need to check your state law on that.
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