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Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL)

New Yorksub_regulatoryNYSDOH Criminal History Record Check Bureau, Office of Primary Care and Health Systems Management· effective 2026-03-20

What this rule requires your agency to do

  • 1Employees may work only under supervision while clearance is pending; a Hold in Abeyance, Pending Denial, or negative determination requires immediate removal.(Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL))
  • 2The AP must submit the CHRC form with a wet signature and two sets of fingerprints; criminal history information must be stored separately and each HCS user must have a unique ID/password (sharing prohibited).(Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL))
  • 3Providers must notify DOH within 30 days using Form 103 when a subject is added and Form 105 upon termination or when a person is no longer subject/employed/considered/deceased.(Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL))
  • 4Only in-house Authorized Persons (APs) under the Administrator may request, receive, and review criminal history information; providers are discouraged from having more than five APs.(Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL))
  • 5No provider shall charge employees for CHRC fees.(Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL))
  • 6Form 102 must be signed (wet signature) before submission and retained, and 103/105 confirmations retained, all available for inspection.(Criminal History Record Check Requirements and Best Practices (2026 CHRC DAL))

Applies to: cross-cutting

NYSDOH letter clarifying criminal history record check requirements for home care and other providers, covering Authorized Persons, confidentiality, submission, timeframes, and supervision pending clearance.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.