October 23, 2022

Maryland TB Testing Guidelines for Home Care Agencies

Here are Maryland’s requirements for employee testing, prevention, and more:

Each state has their own set of guidelines and requirements for testing, prevention, and reporting; these statutes are often hidden in confusing and wordy documents, so we wanted to clear them up for you in a more concise way. Here are Maryland’s requirements for employee testing, prevention,and more:

  • An agency must develop and implement a screening policy and procedure for any employee (contractors included) that provide services to clients.
  • This screening procedure must include the following:

    (a) A State criminal history records check, or a private agency background check as required under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.
    (b) Verification of current professional licensure or certification under Health Occupations Article, Annotated Code of Maryland.
    (c) A basic health screening, including tuberculosis screening.
    (d) Verification of references.
    (e) Verification of employment history.
    (f) Completion of I-9 forms for employment.
    (g) Verification of identity and employment eligibility of an employee, independent contractor, or contractual employee.
    (h) An in-person interview of an employee, independent contractor, or contractual employee before the individual is referred to clients;  
    (i) Completion of a skills assessment and demonstration before client referral.
  • An agency shall maintain records of this information for each employee, independent contractor, or contractual employee and retain the information in the agency’s business     office.
  • An agency may not knowingly provide/refer a caregiver who is not certified to provide services to a client unless the client:

    (a) Does not require the caregiver to provide assistance with activities of daily living;
    (b) Only requires assistance with activities of daily living and in the judgment of the supervising nurse, there are no predictable adverse health consequences  
    (c) Signs a waiver of skilled services form
  • An agency shall provide or refer a certified caregiver to a client who requires:

    (a) A certified caregiver to perform activities of daily living  
    (b) Administration of medication.
  • Use of Subcontract Agencies. If an agency subcontracts with another licensed agency to provide services, the subcontracting agency shall:

    (a) Verify the personnel information outlined in this regulation;  
    (b) Submit evidence to the contracting agency that verification has occurred.

We hope this organized set of regulations was clear and helps your company understand Maryland’s testing and screening requirements better. For the full documentation, visit this site.