AHCA Background Screening

Dear, AHCA & DCF Providers.

 

Beginning August 1, 2010 new law will require background screening of job applicants, employees and volunteers who come in contact with children, the developmentally disabled and vulnerable adults.

 

The most significant change in the law for AHCA& DCF providers is that applicants will not be allowed to begin work in position of special trust and responsibility until they are cleared for employment by a complete background screening, to include a fingerprint-based search of criminal records in Florida and nationally.

 

In order to meet new requirement, both AHCA and DCF strongly recommends applicants to complete their background screen using Live-Scan technology as oppose to hard card submission. Live-Scan results can be received by DCF background screeners in as little as 24-48 hours. This is comparison to hard card fingerprint submission where results can take up-to 4-6 weeks. Providers should follow the steps below to ensure they meet the requirements to use Live-Scan. Please contact your regional DCF background screening office to:

 

  •  Ensure you have been provided the DCF’s Originating Agency Identifier – ORI
  •  Ensure that Originating Agency Case Number – OCA had been assigned to you by DCF
  •  Provide a valid email address to your local DCF Background Screening Office upon requesting a Live-Scan OCA. Email provided will be the email address the department screening unit will send automated “eligible” determination letters for applicants with cleared results.

 

The correct ORI and OCA numbers must be provided to the Live Scan vendor to ensure that results are routed to the DCF and requesting provider. For more information and with any questions please feel free to contact IDENTICO- your Live-Scan vendor. We serve AHCA, DCF,APD,DMV,VECHS providers in Treasure Coast, Palm Beach, Broward and Miami-Dade counties.   Call today (954) 239-8590 or visit us online www.myidentico.com . No appointments needed, walk-ins are welcome, mobile unit can come to your location. All payments are accepted.

 

Our office is located 43948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 or use the convenience of our mobile fingerprinting services anywhere in South Florida.

 

First of all, let’s give some clarification on who are the Home medical equipment providers in Florida and why do they need AHCA Background Screening?

 

Home medical equipment” includes any product as defined by the Federal Drug Administration’s Drugs, Devices and Cosmetics Act, any products reimbursed under the Medicare Part B Durable Medical Equipment benefits, or any products reimbursed under the Florida Medicaid durable medical equipment program. Home medical equipment includes oxygen and related respiratory equipment; manual, motorized, or customized wheelchairs and related seating and positioning, but does not include prosthetics or orthotics or any splints, braces, or aids custom fabricated by a licensed health care practitioner; motorized scooters; personal transfer systems; and specialty beds, for use by a person with a medical need.

 

Home medical equipment provider” means any person or entity that sells or rents or offers to sell or rent to or for a consumer:

 

(a) Any home medical equipment and services; or

(b) Home medical equipment that requires any home medical equipment services.

 

The licensing of Home medical equipment providers is regulated by AHCA, Florida Agency for Healthcare Administration.

 

The Level 2 Background Check for Home medical equipment providers is required by AHCA and based on F.S. 400.953. Statute says that the agency shall require level 2 background screening for applicants and personnel of Home medical equipment providers as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

 

“Home medical equipment provider personnel” means persons who are employed by or under contract with a home medical equipment provider, which includes but not limited to Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas

 

If the Home medical equipment provider who you work or manage business for is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021.

 

However if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

“Who are the Adult Day Care Centers in Florida” and why do they need AHCA Background Screening?

 

Adult day care center” means any building, buildings, or part of a building, whether operated for profit or not, in which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. “Basic services” include, but are not limited to, providing a protective setting that is as non-institutional as possible; therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care.

 

The licensing of Adult Day Care Centers is regulated by AHCA, Florida’s Agency for Healthcare Administration.

The Level 2 Background Check for Adult Day Care Centers is required by AHCA and based on F.S. 429.919. Statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809

 

“Adult Day Care Center Personnel” means persons who are employed by or under contract with an Adult Day Care Center, and it includes but not limited to Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas

 

If the Adult Day Care Center who you work or manage business for is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check, so AHCA receives the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

Let’s start by giving some clarification on “Who are the Adult family-care homes in Florida?” and why do they need AHCA Background Screening?

 

Adult family-care home” means a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives.

 

The licensing of Adult family-care homes is regulated by AHCA, Florida Agency for Healthcare Administration.

 

The Level 2 Background Check for Adult family-care homes is required by AHCA and based on F.S. 429.67. Statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e), including the adult family-care home provider, the designated relief person, and all adult household members, pursuant to chapter 435 and s. 408.809

 

“Adult family-care homes personnel” means persons who are employed by or under contract with an Adult family-care homes, and it includes but not limited to Owner, Administrator, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas

 

If the Adult family-care home who you work or manage business for is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check, in outcome AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

Let’s put together why Health Care Service Pools are required to go through AHCA Background Screening?

 

Health care services pool” means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporary employment in health care facilities, residential facilities, and agencies for licensed, certified, or trained health care personnel including, without limitation, nursing assistants, nurses’ aides, and orderlies. However, the term does not include nursing registries, a facility licensed under this chapter or chapter 429, a health care services pool established within a health care facility to provide services only within the confines of such facility, or any individual contractor directly providing temporary services to a health care facility without use or benefit of a contracting agent.

 

The licensing of Health care services pools is regulated by AHCA, Florida’s Agency for Healthcare Administration.

 

The Level 2 Background Check for Health care services pools is required by AHCA and is based on F.S. 400.980. Statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

 

“Health care services pool personnel” means persons who are employed by or under contract with an Health care services pool, and it includes but not limited to Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas

 

If the Health care services pool who you work or manage business for is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check, so AHCA receives the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

First of all, what is the Health Care Clinic in Florida?

 

Clinic” means an entity at which health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider. “Mobile clinic” means a movable or detached self-contained health care unit within or from which direct health care services are provided to individuals and which otherwise meets the definition of a clinic. “Portable equipment provider” means an entity that contracts with or employs persons to provide portable equipment to multiple locations performing treatment or diagnostic testing of individuals that bills third-party payers for those services, and that otherwise meets the definition of a clinic.

 

The licensing of Health Care Clinics is regulated by AHCA, Florida Agency for Healthcare Administration.

 

The Level 2 Background Check for Health Care Clinics is required by AHCA and based on F.S. 400.991. Statute says that the agency shall require level 2 background screening for applicants and personnel of Health Care Clinic as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

 

Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas must obtain the level 2 background screening clearance from AHCA for employment in Health Care Clinics.

 

The Legislature recognizes that there is a need to require the fingerprint based background check for the staff and administration of Health Care Clinics in Florida. Therefore, the Legislature deems it necessary in the interest of the public health to screen the staff of Health Care Clinics in this state.

 

If the Health Care Clinic where you work or manage is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

The Level 2 Background Screening for Florida Public Health Organizations in Florida is required by F.S. 468.

 

It is the intent of the Legislature that the Department of Health be responsible for the state’s public health system which shall be designed to promote, protect, and improve the health of all people in the state.

 

The background screening requirements for Public Health sector are specified at F.S. 381.60225

 

381.60225 Background screening.—

 

(1) Each applicant for certification must comply with the following requirements:

 

1(a) Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration shall require background screening, in accordance with the level 2 standards for screening set forth in chapter 435, of the managing employee, or other similarly titled individual responsible for the daily operation of the organization, agency, or entity, and financial officer, or other similarly titled individual who is responsible for the financial operation of the organization, agency, or entity, including billings for services. The applicant must comply with the procedures for level 2 background screening as set forth in chapter 435.

 

(b) The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the Agency for Health Care Administration has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards for screening set forth in chapter 435.

 

(c) Proof of compliance with the level 2 background screening requirements of chapter 435 which has been submitted within the previous 5 years in compliance with any other health care licensure requirements of this state is acceptable in fulfillment of the requirements of paragraph (a).

 

(d) A provisional certification may be granted to the organization, agency, or entity when each individual required by this section to undergo background screening has met the standards for the Department of Law Enforcement background check, but the agency has not yet received background screening results from the Federal Bureau of Investigation, or a request for a disqualification exemption has been submitted to the agency as set forth in chapter 435, but a response has not yet been issued. A standard certification may be granted to the organization, agency, or entity upon the agency’s receipt of a report of the results of the Federal Bureau of Investigation background screening for each individual required by this section to undergo background screening which confirms that all standards have been met, or upon the granting of a disqualification exemption by the agency as set forth in chapter 435. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency’s receipt of the report from the Federal Bureau of Investigation. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested of and granted by the agency as set forth in chapter 435.

 

(e) Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under the Medicaid or Medicare programs shall be accepted in lieu of this submission.

 

(f) Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of chapter 435 by a member of the board of directors of the applicant, its officers, or any individual owning 5 percent or more of the applicant. This requirement does not apply to a director of a not-for-profit corporation or organization if the director serves solely in a voluntary capacity for the corporation or organization, does not regularly take part in the day-to-day operational decisions of the corporation or organization, receives no remuneration for his or her services on the corporation or organization’s board of directors, and has no financial interest and has no family members with a financial interest in the corporation or organization, provided that the director and the not-for-profit corporation or organization include in the application a statement affirming that the director’s relationship to the corporation satisfies the requirements of this paragraph.

 

(g) The agency may not certify any organization, agency, or entity if any applicant or managing employee has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in chapter 435, unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.

 

(h) The agency may deny or revoke certification of any organization, agency, or entity if the applicant:

 

1. Has falsely represented a material fact in the application required by paragraph (e) or paragraph (f), or has omitted any material fact from the application required by paragraph (e) or paragraph (f); or

2. Has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in paragraph (e).

 

(i) An application for renewal of certification must contain the information required under paragraphs (e) and (f).

 

(2) An organ procurement organization, tissue bank, or eye bank certified by the Agency for Health Care Administration in accordance with ss. 765.541 and 765.542 is not subject to the requirements of this section if the entity has no direct patient care responsibilities and does not bill patients or insurers directly for services under the Medicare or Medicaid programs, or for privately insured services.

 

IDENTICO LLC is FDLE approved Live Scan vendor. We are capable to transmit your fingerprints for FBI Level 2 Background Check so DOH or AHCA  gets the results of screening in as less as 72 hours. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

We have been fingerprinting the Practical Nursing and Health Science students for colleges and universities located in South Florida. Student have been questioning us on the reason for such screening. We made an investigative research and would like to post it for public view and consideration.

 

1. In accordance with  standard/requirement of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), students enrolled in any health science program that requires a clinical experience in a hospital or other health care facility must submit to a level II criminal background check, a drug screening test, and Hospital Corporation of America requirements. The same requirements pertain to students who apply for entrance into a health science program.


In adherence to this new JCAHO mandate, all current and future health science students must obtain a level II criminal background check, a drug-screening test, and Hospital Corporation of America requirements. The student is responsible for paying the costs for each test. The results of said tests may require the College to withdraw the student from the program. This action is necessary due to the student’s inability to access clinical facilities for training purposes required as a part of the instructional program.

 

Per Joint Commission the staff, students and volunteers who work in the same capacity as staff who provide care, treatment, and services, would be expected to have criminal background checks  verified when required by law and regulation and organization policy.

 

This means that if state law, regulation or organization policy requires background checks on all employees, volunteers and students, Joint Commission expects them to be done on all three categories.

 

If state law requires background checks on only specified types of health care providers (e.g. nursing assistants/child care workers), then Joint Commission would require background checks on only those specified in state law (unless organization policy goes beyond state law).

 

If state law requires background checks on all “employees”, the organization should seek an opinion from the state on what categories of health care workers are considered “employees”.

 

If the state clearly does not consider volunteers or students to be employees, then Joint Commission would not require background checks on them (unless organization policy goes beyond state law and requires it).

 

If state law is ambiguous as to the definition of employee, the organization can define the scope of background checks to fit its own definition.  As such, they may include or exclude students and volunteers, and Joint Commission would survey to hospital policy.

 

In the absence of a state law on criminal background checks, each organization can develop its own expectations, e.g., and organization elects to screen employees and not students/volunteers.  Joint Commission would evaluate compliance with the organization’s internal policy only.  There would be no Joint Commission expectation that an organization check categories of providers beyond what is required in their own policy, which must comply with law and regulation. All criminal background checks must be documented by the organization.

 

If you are a student who is required to undergo the level 2 background screening, please confirm with your college whether they require a screening to be done through VECHS program or the health care provider for you clinical practice is requiring the AHCA background screening clearance. In both cases we can help, please provide us with VECHS Waiver Agreement form with you institution’s VECHS number on it, or ask what AHCA number needs to be used with electronic fingerprint submission.

 

If you are an educational institution seeking for the vendor for students’ background screening, please contact us for cost effective and quality live scan fingerprinting solutions. IDENTICO is known to be the most professional live scan vendor in South Florida, and we’ll be happy to work on your inquiries.

 

In order to get fingerprinted as part of your admission into limited access health science programs please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so the requesting organization receives the results of screening in as less as 72 hours. The cost of Level 2 screening as VECHS Volunteer is $47.25. The cost of screening for AHCA Level2 Screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590.

 

We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

The team of IDENTICO LLC

Let’s start by giving some clarification on who the Nurse registries in Florida are and why do they need an AHCA Background Screening?

 

Nurse registry” means any person that procures, offers, promises, or attempts to secure health-care-related contracts for registered nurses, licensed practical nurses, certified nursing assistants, home health aides, companions, or homemakers, who are compensated by fees as independent contractors, including, but not limited to, contracts for the provision of services to patients and contracts to provide private duty or staffing services to health care facilities licensed under chapter 395, this chapter, or chapter 429 or other business entities.

 

The licensing of Nurse Registries is regulated by AHCA, Florida’s Agency for Healthcare Administration.

 

The Level 2 Background Check for Nurse Registries is required by AHCA and based on F.S. 400.512. Statute says that the agency shall require level 2 background screening for applicants and personnel of Nurse Registries as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

 

“Nurse Registries personnel” means persons who are employed by or under contract with a home nurse registries, which includes but not limited to Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas

 

If the Nurse Registry who you work or manage business for is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check , as outcome  AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

59A-35.090 Background Screening

 

(1) Definitions:

 

(a) “Arrest Report” means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest.

(b) “Disposition” means the sentencing or other final settlement of a criminal case which shall include, regardless of adjudication, a plea of nolo contendere or guilty, or a conviction by a judge or jury.

(c) “Disqualifying Offense” means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S.

(d) “Exemption from Disqualification” means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3010-0019, October 2009, hereby incorporated by reference, and an informal hearing, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S.

(e) “FBI” means the Federal Bureau of Investigation.

(f) “FDLE” means the Florida Department of Law Enforcement.

(g) “Level 1 Screening” means an assessment of the criminal history record obtained from the FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.03 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

(h) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

 

(2) Processing Screening Requests, Required Documents and Fees.

(a) A provider may conduct Level 1 background screening for employees either directly through the FDLE or through the Agency. Requests through the Agency must be submitted using the Agency’s background screening website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_S creening/logon.shtml. A user code and password is required for use of this site. A request for a Level 1 screening through the Agency must be accompanied by the cost required by the FDLE to pay for the cost of processing the request.

(b) Persons required to undergo Level 2 background screening must submit an Applicant Fingerprint Card, incorporated herein by reference, and available from the appropriate Agency licensure unit or by submitting a request to: bgscreen@ahca.myflorida.com. A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. A request for a Level 2 screening through the Agency must be accompanied by the cost required by the FDLE and the FBI to pay for the cost of processing the request.

1. Electronic submissions must be made through the Agency’s background screening web site. The completed fingerprint card must be mailed to the Background Screening Unit at 2727 Mahan Drive, MS 40,Tallahassee, Florida 32308.

2. Mailed requests must be submitted to the Background Screening Unit at 2727 Mahan Drive, MS 40, Tallahassee, Florida 32308.

3. If a fingerprint card is rejected by the FBI due to illegible prints, the individual must submit a second fingerprint card in accordance with the guidelines established by the FBI. The second card must be submitted to the Agency within 21 days of the Agency’s request or the screening request will be considered withdrawn. If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee.

 

(3) Screening of Administrators, Owners, Chief Financial Officers and Controlling Interests.

(a) Persons required to undergo Level 2 background screening in accordance with a licensure application, must submit the completed and signed fingerprint card and screening fee with an application for licensure to the appropriate Agency licensing unit.

(b) As an alternative to a new background screen, persons required to undergo Level 2 background screening in accordance with Section 408.809, F.S., that have been screened within the previous 5 years by the Agency, Department of Health, Department of Children and Family Services, Agency for Persons with Disabilities or Department of Financial Services, or if the applicant has a certificate of authority to operate a continuing care retirement community, may submit to the appropriate Agency licensing unit:

1. A copy of the background screening result, and

2. An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, October 2009, herein incorporated by reference, and available from the Agency for Health Care Administration at: http://www.ahca.myflorida.com/Publications/Forms/HQA.shtml.

 

(4) Results of Screening and Notification.

(a) Final results of background screening requests will be provided to the requesting provider through the Agency’s secure web site.

(b) When the dispositional information of a potentially disqualifying offense is unclear or not present in a criminal history from a Level I request, a notice will be sent to the requesting licensee or entity to obtain the arrest report and dispositional information from the individual being screened. The information must then be forwarded to the Agency for a final determination or show such information cannot be obtained. If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agency’s request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S.

(c) When the Agency or the provider obtains information indicating an individual has a disqualifying offense pursuant to Chapter 435, F.S., the individual is prohibited from working in a position that requires background screening until such time as the individual has applied for and been determined to be exempt from such disqualification.

(d) An alleged offense is not disqualifying until such time as there has been a disposition.

 

(5) Exemption from Disqualification.

(a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the “Application for Exemption from Disqualification” AHCA Form 3010-0019, October 2009. This form may be obtained from the Agency for Health Care Administration, Background Screening Unit, 2727 Mahan Drive, MS #40, Tallahassee, Florida 32308 or through the Agency’s website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_Screening/exemption.shtml.

(b) Individuals that are licensed or certified in a profession under the jurisdiction of the Department of Health must apply for an exemption to the appropriate licensing or certifying board at the Department of Health unless the individual will be working in a position other than for which they are licensed or certified.

(c) The individual shall bear the burden of setting forth clear and convincing evidence of rehabilitation which includes any information indicating the individual presents no danger to the safety or well being of others. The individual must present such evidence as arrest reports, court dispositions, parole/probation information, letters from employers, and personal references. Other documents that may be included are records of successful participation in a rehabilitation program, further education or training, community or church involvement, special awards or recognition or testimony by self or others.

(d) An “Application for Exemption” will not be reviewed until all required documents are obtained. If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn.

(e) In deciding whether to grant or deny an exemption request, the Agency shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual.

(f) Any exemption granted by the Agency is limited to the disqualifying offense or offenses committed prior to the date of the request for exemption.

(g) The Agency shall void any exemption granted to an individual when there is evidence that information which would adversely affect the decision was not made available at the time of the determination or there is a disposition of a new disqualifying offense since the date the exemption was granted.

 

(6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agency’s request.

Rulemaking Authority 408.819 FS. Law Implemented 408.809, 408.810 FS. History–New 7-14-10.

 

Who runs this Blog?

IDENTICO LLC is FDLE approved live scan vendor providing Level 2 background screening and fingerprinting services for AHCA, DCF, APD, VECHS, DBPR, DOEA providers, Name Change Petitioners and to many others.

Please call (954) 239-8590 or (888) 988-8969 for more information or visit our official web-page http://www.myidentico.com.
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