The Background Screening Unit reviews the Level 2 criminal history results for all background screenings submitted as part of the employment process for a health care provider and/or for participation as a provider in the Florida Medicaid program. All screenings that are received for employment purposes in an AHCA regulated facility are reviewed in accordance with Chapter 435 and section 408.809(4), Florida Statutes, and Rule 59A-35.090 and any screenings done for Medicaid are reviewed in accordance with Chapter 435, section 408.809(4) Florida Statutes, and Rule 59A-35.090 in order to make an eligibility determination.
All screenings must be initiated in the Clearinghouse by an approved provider. Any provider that needs a screening performed for initial facility licensure purposes must first submit their application to the appropriate licensure unit before they can gain access to the Clearinghouse. Any provider that needs a screening performed for their initial Medicaid Provider Enrollment application must first submit their application and receive their Application Tracking Number (ATN) before they can gain access to the Clearinghouse. Evidence of screening must be retained in the personnel files for those screened. Contractor screenings may be retained either by the employer or the licensee where the contractor provides contract services. A copy of the Florida Public Rap Sheet is available to all providers who initiate a screening through the Clearinghouse.
Level 2 screening records are confidential and may not be shared with anyone other than the individual that was screened. If additional information is needed, AHCA will contact the person screened through certified mail, based on the address submitted to FDLE, which will delay the processing of the screening. The employer should contact the person screened if delays exist. Please be advised that it can take between 24 to 72 business hours for the Livescan service vendor to transmit the fingerprints to the Florida Department of Law Enforcement (FDLE).
Please note the Background Screening Units average processing times for reviewing these screenings is 5 to 7 business days once the results are received from FDLE.
All persons required to be screened must be screened and eligible before they are hired to work in a position that requires a Level 2 background screening. However, an employer may hire an employee to a position that requires background screening before the employee completes the screening process for training and orientation purposes. The employee may not have direct contact with vulnerable persons until the screening process is completed and the employee demonstrates that he or she exhibits no behaviors that warrant the denial or termination of employment.
If an employer becomes aware that an employee/contractor has been arrested for a disqualifying offense, the employer must remove the employee/contractor from contact with any vulnerable person that places the employee/contractor in a role that requires background screening until the arrest is resolved in a way that the employer determines that the employee/contractor is still eligible for employment/contracting under this chapter. Providers are required to make any changes to their rosters within 10 business days of any changes in employment.
Not all criminal offenses are disqualifying. An individual may have a criminal history record and still be ‘Eligible’. The Florida Department of Law Enforcement (FDLE) provides public access to Florida criminal history information. Please visit http://www.fdle.state.fl.us for additional information.