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New York FACIS® background checks: Levels 1M & 3 explained

A New York-specific breakdown of the FACIS® healthcare exclusion search: what Level 1M covers, what Level 3 adds from New York boards and Medicaid enforcement, and which level fits which employer.

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Short answer

What is the difference between FACIS® Level 1M and Level 3 in New York?

FACIS® Level 1M covers federal exclusion sources — OIG-LEIE, SAM.gov, and OFAC. FACIS® Level 3 adds New York sources: the New York Medicaid Sanctioned or Excluded Provider List, the New York Medicaid Fraud Control Unit, and disciplinary records from the New York medical, nursing, and pharmacy boards. Level 3 is the standard for direct-patient-care and licensed roles.

Every New York organization that bills a federally funded healthcare program — Medicare, Medicaid, TRICARE, or a state Medicaid managed-care plan — is required to verify that its employees, contractors, and vendors are not excluded from participation. FACIS® is the standard tool for that verification. This guide covers what a FACIS® search returns in New York and which level fits your workforce.

What is a FACIS® background check in New York?

FACIS® (Fraud and Abuse Control Information System) is a healthcare-specific sanction database that aggregates federal exclusion and debarment records with state licensing, Medicaid, and Attorney General enforcement data. Run against a New York candidate, a Level 3 FACIS® search reaches into the New York Medicaid Sanctioned or Excluded Provider List, the New York Medicaid Fraud Control Unit, and the disciplinary records of every New York healthcare licensing board.

New York sources included in FACIS® Level 3

  • New York Medicaid Sanctioned or Excluded Provider List
  • New York Medicaid Fraud Control Unit enforcement actions
  • New York Board of Medicine disciplinary actions
  • New York Board of Nursing disciplinary actions
  • New York Board of Pharmacy disciplinary actions
  • New York dental, behavioral health, and allied-health board actions
  • New York Attorney General healthcare-fraud actions
  • New York contractor disqualification and debarment lists

New York hiring rules that shape a healthcare screening program

FACIS® answers the exclusion question, but a New York healthcare hire also runs into state-specific reporting and inquiry rules. New York follows the FCRA window for non-convictions; convictions may be reported beyond seven years for positions paying $25,000+ when explicitly disclosed.

Criminal-history inquiry timing. Article 23-A requires an eight-factor individualized assessment before disqualifying based on a conviction. NYC's Fair Chance Act 2.0 requires conditional-offer-only inquiry plus a documented FCA analysis and a 5-business-day candidate response window. That matters for clinical hiring in New York because a FACIS® hit and a county criminal hit often arrive together, and the order in which you may act on them is set by state law, not by the report.

Drug and cannabis testing. NY DOL guidance prohibits adverse action based solely on a positive THC test; impairment must be shown by specific articulable symptoms. DOT-regulated roles are carved out.

Salary history. Employers may not seek salary history. Effective Sept 2023, all employers with 4+ workers must include pay range in job postings. Separately, effective April 18, 2026, New York State bars employers and staffing firms from requesting or using an applicant's or employee's consumer financial history for hiring, promotion, compensation, or other employment decisions unless a statutory exemption applies — extending statewide the protection New York City created under the Stop Credit Discrimination in Employment Act. The definition is broad enough to reach public-record searches for bankruptcies, judgments, and tax liens, so a Financial Risk Search on a New York role should be ordered only where a listed exemption is documented.

Practical note for New York providers. Article 23-A worksheet is required documentation — SafestHires surfaces it on the report face-sheet. Since April 18, 2026, financial-history searches on New York roles require a documented statutory exemption.

Primary New York citations: NY Gen. Bus. Law §380-j · NY Correction Law Art. 23-A · NYC Fair Chance Act 2.0 · Lab. Law §194-a · Lab. Law §201-d · NY financial-history inquiry ban (eff. 4/18/2026)

Full detail lives in the New York background check guide.

Federal sources included in every FACIS® search

Both Level 1M and Level 3 include the federal exclusion sources that satisfy OIG and CMS baseline requirements for New York providers:

  • OIG List of Excluded Individuals and Entities (LEIE)
  • System for Award Management (SAM), including SDN
  • OFAC Specially Designated Nationals list
  • FDA Debarment List
  • DEA administrative actions
  • GSA excluded parties
  • TRICARE excluded providers
  • U.S. Department of Justice, Treasury, and State healthcare-fraud actions

FACIS® Level 1M vs. Level 3 for New York employers

Federal exclusion listsLevel 1M ✓   Level 3 ✓
New York Medicaid exclusionsLevel 1M ✗   Level 3 ✓
NY licensing board disciplinary actionsLevel 1M ✗   Level 3 ✓
New York AG healthcare-fraud actionsLevel 1M ✗   Level 3 ✓

Which New York employers need Level 3?

If any of the following describe your New York organization, Level 3 is the right search. Level 1M is not enough to see NY board sanctions or New York Medicaid exclusions:

  • New York hospitals, health systems, and physician groups
  • Skilled nursing, assisted-living, and long-term-care operators in New York
  • Home health, hospice, and DME suppliers billing New York Medicaid
  • Behavioral health, telehealth, and substance-use providers licensed in New York
  • Any employer with clinical staff holding a NY license alongside licenses in other states

How often should New York providers re-screen?

The OIG Special Advisory Bulletin recommends monthly re-screening against the LEIE. New York Medicaid enrollment agreements generally impose the same monthly cadence against the New York Medicaid Sanctioned or Excluded Provider List. A pre-hire FACIS® check is the starting point; continuous monthly monitoring is what catches sanctions that land after the hire date.

How SafestHires runs FACIS® for New York employers

SafestHires offers FACIS® Level 1M and FACIS® Level 3 as standalone searches or bundled into a New York healthcare hiring package alongside primary-source license verification, sex-offender registry checks, and county criminal history. Ongoing monthly monitoring is available for the entire workforce from the same dashboard.

FACIS® turnaround time for New York employers

A single-name FACIS® Level 3 search on a New York candidate typically returns in minutes because most sources are queried via live API. Manual review kicks in only when the search returns a potential match that needs NY board or New York Medicaid-exclusion identifier confirmation before it can be reported. See the SafestHires turnaround guide for a full breakdown of what drives timing across all searches in a New York hire.

Building a complete New York healthcare hiring package

FACIS® is the sanction-and-exclusion layer of a healthcare hire, but it is only one component. A complete New York clinical hiring package typically pairs FACIS® Level 3 with:

  • Primary-source license verification against the New York Board of Medicine, New York Board of Nursing, and New York Board of Pharmacy
  • County criminal history for every New York county lived or worked in during the FCRA lookback window
  • National sex offender registry and New York-specific abuse/neglect registry lookups
  • Employment and education verification, including internship and residency dates
  • Drug screening under New York employer policy — 5- or 10-panel lab-based
  • Financial Risk Search for New York finance, revenue-cycle, and executive roles with fiduciary duties (bankruptcies, judgments, liens from public records)

See New York background check laws for the state-level rules that shape package design, and the package builder to assemble a New York healthcare package end-to-end.

Frequently asked questions about FACIS® in New York

What is the penalty if a New York employer bills for services from an excluded provider?

Under 42 U.S.C. §1320a-7a, civil monetary penalties can reach up to $21,000 per item or service claimed, plus treble damages, plus repayment of every dollar that touched the excluded person's work. State Medicaid Fraud Control Units in New York can pursue additional penalties under state false-claims statutes.

Is a Financial Risk Search recommended for New York healthcare hires?

For clinical roles, FACIS® plus primary-source license verification and county criminal history is the compliance-driven baseline. For New York healthcare finance, revenue-cycle, and executive roles with fiduciary responsibility, the SafestHires Financial Risk Search — bankruptcies, civil judgments, and tax liens from public records — is a common add-on to surface public financial-risk indicators before hire.

Does FACIS® replace primary-source license verification in New York?

No. FACIS® surfaces disciplinary and sanction history, but it does not confirm that a NY license is currently active and in good standing. SafestHires runs primary-source license verification against each New York board alongside FACIS® on every clinical hire.

Other state FACIS® guides

View all 50 states & DC →