AHCA Issues Agency Alert: New Background Screening Requirement Effective 1/1/24
Initial status and any changes in status must be reported within 5 business days after a person receives his or her initial status or after a change in the person’s status has been made.
The Care Provider Background Screening Clearinghouse (Clearinghouse) has been in effect since January 1, 2013. Currently, all specified agencies (the Agency for Health Care Administration (AHCA), the Department of Health (DOH), the Division of Vocational Rehabilitation (DOEVR), the Department of Children and Families (DCF) the Agency for Persons with Disabilities (APD), the Department of Elder Affairs (DOEA), and the Department of Juvenile Justice (DJJ) are active users.
Change Effective January 1, 2024
According to section 435.12(2)(c), F.S., an employer of persons subject to screening by a specified agency must register with the Clearinghouse and maintain the employment status of all employees/contractors within the Clearinghouse.
The following is a summary of the change to section 435.12, Florida Statutes (F.S.) that apply to employees and contractors of health care providers licensed through the AHCA and other employees subject to Chapter 435. The change to section 435.12, F.S. took effect January 1, 2024:
Before January 1, 2024, initial status and any changes in status must be reported within 10 business days in the Employee/Contractor roster within the Clearinghouse after a person receives his or her initial status or after a change in the person’s status has been made.
Effective January 1, 2024, initial status and any changes in status must be reported within 5 business days after a person receives his or her initial status or after a change in the person’s status has been made.
Background Screening Reminders
Initiating screenings through the website is required per section 435.12(2)(c), of the Florida Statutes. By initiating the screening through the Clearinghouse providers can:
Enter applicant demographic information once (no need to use both the Clearinghouse and a service provider website)
Reduce duplicative/unnecessary screenings costs
The first step to initiate a screening requires you to search the database for an existing screening. By checking for an existing screening first, you will be able to use the existing screening, thereby reducing your screening costs.
Initiating providers will receive a public record of the applicant’s Florida criminal history report.
You must add an employee/contractor to your roster to receive arrest notifications or notice of expiring retained prints
Per section 435.06(2)(b), F.S., 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 in a role that requires background screening.
Per Florida Statute, retained fingerprints must be renewed every five years in order to maintain eligibility for employment. To maintain the retention of fingerprints within the Clearinghouse the employer must request a Clearinghouse Renewal through the Clearinghouse Results Website (CRW) prior to the retained prints expiration date. By initiating a Clearinghouse Renewal through the CRW, the current fingerprints retained on file at the Florida Department of Law Enforcement will be resent to the Federal Bureau of Investigation allowing for an updated criminal history to be processed by the Clearinghouse.
If the employer does not initiate a Clearinghouse Renewal an employee’s prints will no longer be retained, the employee’s eligibility determination will expire, and the employee will have to be re-fingerprinted at a Livescan Service Provider at an increased cost to comply with background screening requirements.
Providers may initiate a Clearinghouse Renewal 60 days before the Retained Prints Expiration Date is reached. If the Clearinghouse Renewal is not initiated before the retained prints expiration date a new screening will need to be initiated in the Clearinghouse and the employee will have to be fingerprinted again.
Employers will receive notification of upcoming expiring retained prints for those employees listed on the Employee/Contractor Roster.
On Monday, November 20, 2023, AHCA published a Notice of Proposed Rulemaking for rule 59A-35.060, F.A.C., License Application Process. Via this NPR, AHCA intends to: Move all licensure application for
