Confidentiality. Compliance. Confidence.

At Fidelity Background Checks, we understand the importance of protecting sensitive information in healthcare environments. Healthcare organizations must navigate complex regulatory requirements while maintaining safe, qualified, and dependable workforces.

Our background screening solutions help healthcare employers make informed hiring decisions while supporting responsible information handling, applicant privacy, and applicable regulatory requirements.

Whether your organization operates a hospital, medical practice, nursing facility, home healthcare agency, or other healthcare-related business, protecting sensitive information is an essential part of the screening process.

Fidelity Background Checks provides background screening solutions for healthcare organizations nationwide, with an emphasis on confidentiality, accuracy, and responsible screening practices.

What Is HIPAA Compliance?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that established important requirements relating to health information and other aspects of healthcare administration.

HIPAA’s Privacy, Security, and Breach Notification Rules establish protections for certain health information handled by covered entities and their business associates.

HIPAA generally applies to:

• Healthcare providers that conduct specified electronic transactions.

• Health plans.

• Healthcare clearinghouses.

• Business associates that perform certain services involving protected health information on behalf of covered entities.

The HIPAA Privacy Rule establishes standards for the use and disclosure of protected health information (PHI).

The HIPAA Security Rule establishes safeguards for electronic protected health information (ePHI).

Not every business that serves healthcare organizations is automatically subject to HIPAA, and not every type of personal or medical information qualifies as PHI under HIPAA.

Are Employment Background Checks Subject to HIPAA?

Employment background checks are generally regulated by the Fair Credit Reporting Act (FCRA) and applicable state and local laws rather than HIPAA.

However, HIPAA may become relevant when a background screening provider performs functions involving PHI on behalf of a HIPAA-covered entity or business associate.

For example, healthcare-related services that involve access to PHI may require additional privacy, security, and contractual considerations.

It is important to distinguish between:

FCRA Compliance: Governs many consumer reports used for employment decisions, including disclosure, authorization, report accuracy, disputes, and adverse action procedures.

HIPAA Compliance: Governs certain uses, disclosures, and protections of PHI by covered entities and business associates.

Employment Record Privacy: Employment records held by a covered entity in its role as an employer are generally excluded from HIPAA’s definition of PHI, even when those records contain health-related information.

Healthcare employers should evaluate which requirements apply to each screening activity rather than assuming HIPAA governs all background checks.

Healthcare Background Screening Services

Fidelity Background Checks offers background screening solutions designed to help healthcare organizations evaluate applicants and support workforce screening requirements.

Depending on the organization’s needs and available services, healthcare background checks may include:

Criminal Background Checks

Criminal history screening can help healthcare employers evaluate applicants for positions involving patient care, sensitive facilities, controlled environments, and other responsibilities.

Searches may include county, state, federal, or other authorized criminal record sources.

Employment Verification

Employment verification helps organizations review an applicant’s previous employment history, including available information concerning job titles, dates of employment, and professional experience.

Education Verification

Education verification helps healthcare employers confirm educational credentials relevant to specific positions.

Professional License Verification

Professional license verification can help organizations review available licensing information for regulated healthcare positions, including nurses and other licensed professionals.

Healthcare Exclusion Screening

Healthcare organizations may need to review federal and applicable state exclusion lists to identify individuals or entities excluded from participation in certain healthcare programs.

Relevant resources may include the U.S. Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals/Entities (LEIE).

Identity Verification

Identity verification can help support accurate applicant identification and reduce the risk of screening records being associated with the wrong individual.

Ongoing Workforce Screening

Depending on applicable laws and employer policies, organizations may conduct periodic or ongoing screening to support workforce compliance and risk management.

Any ongoing screening program should account for required authorizations, notices, and applicable consumer reporting restrictions.

Protecting Sensitive Information During Healthcare Screening

Healthcare organizations frequently work with sensitive personal information, making responsible data handling an important consideration when selecting a screening provider.

Appropriate information security practices may include:

• Restricting access to authorized personnel.

• Using secure methods for transmitting sensitive information.

• Maintaining appropriate authentication and access controls.

• Limiting the collection and disclosure of unnecessary personal information.

• Establishing appropriate record retention and disposal procedures.

• Reviewing third-party information handling practices.

• Responding appropriately to suspected information security incidents.

The specific safeguards required depend on the nature of the information, the services performed, applicable laws, and contractual obligations.

Organizations should confirm the actual technical, administrative, and physical safeguards used by their screening providers.

HIPAA Business Associate Agreements

A Business Associate Agreement (BAA) may be required when a service provider creates, receives, maintains, or transmits PHI on behalf of a HIPAA-covered entity or another business associate while performing covered functions or services.

A BAA generally addresses permitted uses and disclosures of PHI, applicable safeguards, reporting responsibilities, and other contractual requirements.

A BAA is not automatically required merely because a background screening company serves healthcare employers.

Whether a BAA is necessary depends on the specific services provided and whether the provider is acting as a business associate under HIPAA.

Healthcare organizations should determine whether their screening arrangements involve PHI and confirm any applicable contractual requirements before sharing protected information.

Why Healthcare Employers Need Reliable Background Screening

Healthcare organizations face workforce screening challenges involving patient safety, professional qualifications, regulatory requirements, and organizational risk.

A carefully designed background screening program can help employers:

• Verify relevant applicant qualifications.

• Identify available criminal history information.

• Review professional licenses and credentials.

• Conduct applicable healthcare exclusion searches.

• Support consistent hiring procedures.

• Reduce risks associated with inaccurate applicant information.

• Maintain documentation of screening activities.

• Support compliance with applicable workforce screening requirements.

Background checks are one component of a broader healthcare compliance and hiring program. They do not replace professional credentialing, required regulatory checks, or other employer responsibilities.

Industries That Benefit From Healthcare Background Screening

Fidelity Background Checks provides screening solutions relevant to a variety of healthcare and healthcare-adjacent organizations.

Hospitals and Medical Centers

Background screening can help hospitals evaluate applicants for clinical, administrative, operational, and support positions.

Medical and Dental Practices

Healthcare practices may use background screening to review employment history, professional credentials, and other relevant applicant information.

Nursing Homes and Assisted Living Facilities

Long-term care providers may have specific screening requirements designed to protect residents and support regulatory compliance.

Home Healthcare Agencies

Home healthcare providers may screen employees who deliver services in patients’ homes, including caregivers, nursing professionals, and support personnel.

Behavioral Health Organizations

Behavioral health providers may require screening procedures appropriate to the responsibilities and regulatory requirements of their workforce.

Healthcare Staffing Agencies

Staffing agencies placing workers in healthcare settings may need screening programs that address client requirements, credential verification, and applicable laws.

Medical Billing and Healthcare Support Organizations

Healthcare support businesses may have privacy, security, and workforce screening considerations depending on the services they perform and the information they access.

HIPAA, FCRA, and Healthcare Employer Responsibilities

Healthcare employers should understand that HIPAA and the FCRA address different legal responsibilities.

Under the FCRA, employers obtaining consumer reports for employment purposes generally must provide appropriate disclosures, obtain written authorization, and follow applicable pre-adverse and adverse action procedures.

When HIPAA applies, covered entities and business associates must also comply with relevant privacy, security, and other regulatory obligations.

Additional healthcare screening requirements may arise under:

• Federal and state healthcare program rules.

• Professional licensing requirements.

• State healthcare employment laws.

• Facility licensing and accreditation standards.

• Applicable exclusion screening requirements.

• State privacy and data security laws.

Organizations should work with qualified compliance or legal professionals to determine which requirements apply to their operations.

Choosing a Healthcare Background Screening Provider

When selecting a background screening provider, healthcare organizations should evaluate more than the types of searches available.

Important considerations include the provider’s experience with healthcare screening, accuracy procedures, consumer dispute processes, information security practices, and ability to support applicable screening requirements.

Employers should ask potential providers about:

• Available healthcare screening services.

• FCRA compliance procedures.

• Consumer report accuracy and dispute handling.

• Information security safeguards.

• Healthcare exclusion screening options.

• Professional license verification capabilities.

• Applicable data retention and disposal practices.

• Whether HIPAA business associate obligations apply to the proposed services.

Choosing a screening provider that understands these distinctions can help organizations develop more effective and responsible screening programs.

Frequently Asked Questions About HIPAA and Background Checks

Are background check companies required to be HIPAA compliant?

Not necessarily. Background screening companies are not automatically subject to HIPAA simply because they provide services to healthcare employers. HIPAA obligations depend on whether the company acts as a covered entity or business associate and handles PHI in a manner covered by HIPAA.

Does HIPAA apply to employment background checks?

Most employment background checks are primarily governed by the FCRA and applicable state or local laws. HIPAA may apply to certain related services involving PHI, depending on the circumstances.

What is the difference between HIPAA and FCRA compliance?

HIPAA establishes privacy and security requirements for certain health information handled by covered entities and business associates. The FCRA regulates consumer reporting activities, including many employment background checks, report accuracy, consumer disputes, and adverse action procedures.

Can healthcare employers conduct criminal background checks?

Yes, healthcare employers may conduct criminal background checks when permitted by applicable law. Employers must follow relevant disclosure, authorization, anti-discrimination, and state or local screening requirements.

Do healthcare background checks include medical records?

Standard employment background checks do not ordinarily include access to an applicant’s private medical records. Access to medical information is subject to separate legal requirements, which may include the Americans with Disabilities Act, HIPAA, and other applicable laws depending on the circumstances.

What is healthcare exclusion screening?

Healthcare exclusion screening involves checking applicable exclusion lists to identify individuals or entities that are excluded from participation in certain healthcare programs. These checks may be important for organizations participating in federally funded healthcare programs.

Does a background screening company need a HIPAA Business Associate Agreement?

A BAA is generally required when a screening provider qualifies as a business associate and performs covered services involving PHI. A BAA is not automatically required for ordinary employment background checks.

How can healthcare employers protect applicant information?

Healthcare employers can protect applicant information by limiting access, using appropriate secure systems, following applicable privacy and consumer reporting laws, and establishing responsible retention and disposal procedures.

Healthcare Background Screening Solutions Nationwide

Support Your Hiring Process With Responsible Background Screening

At Fidelity Background Checks, we understand that healthcare organizations need reliable screening information, appropriate privacy practices, and a clear understanding of applicable regulatory responsibilities.

Whether you operate a hospital, medical office, senior care facility, home healthcare agency, or healthcare staffing organization, our background screening solutions can help support informed hiring decisions.

Contact Fidelity Background Checks to discuss your healthcare background screening needs, available services, and applicable information handling considerations.

Fidelity Background Checks — Helping Healthcare Organizations Make Informed Hiring Decisions.