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APD Background Screening CDC+ Program Background Screening Florida Department of Elderly Affairs Background Screening

Florida Department of Elder Affairs CDC+ Program, Background Screening and Live Scan Fingerprinting

Consumer Directed Care Plus (CDC+) is a Medicaid program in Florida that gives the consumer the opportunity to hire workers and vendors to help with daily needs such as housecleaning, cooking and getting dressed. Even  family members or friends maybe be consumers’ paid workers.The CDC+ program is operated by the Florida Department of Elder Affairs with the Department of Health and the Department of Children and Families as partners.

 

Currently, Florida has one of the largest vulnerable populations in the country with over 17% of the state’s citizens over the age of 65, and many children and disabled adults and— DOEA provides some form of services to approximately 62,400 individuals age 60 and over. Enormous amount of cases when Florida senior and disabled adults have been beaten, neglected, and robbed by caregivers with criminal records pushed legislators to pass the Bill HB 7069  which became effective on August 1, 2010.  And here are the changes in DOEA’s policies as the reflection of bill’s enactment:

 

 

•HB 7069 rewrote requirements for background screening of persons and businesses that deal primarily with vulnerable populations.

•HB 7069 increased all level I screenings to Level II for persons working with vulnerable populations such as the elderly, disabled adults and those with brain and spinal cord injuries.

•HB 7069 requires all Level II fingerprints to be submitted electronically by August 1, 2012.  However, DOEA is being proactive and is meeting this requirement  effective  August 1, 2010.

•Another thing HB 7069 did was add a number of serious crimes to the list of disqualifying offenses.  In other words, persons committing serious crimes that were previously not considered disqualifying offenses, now will be unable to be a CDC+ employee or a representative if they’ve committed a number of additional disqualifying offenses.

 

•Requires all fingerprints to be submitted electronically by August 1, 2012 for Level 2 Background Screening both with FDLE and FBI

 

•HB 7069 authorized agencies to request retention of fingerprints by FDLE.

 

•Each agency will review  and approve/deny their own exemption requests – this means that DOEA, DCF, AHCA, and DOH will be responsible for Level II screening, and if applicable, exemption reviews, for CDC+ clients served through their respective agencies

 

•—Level II Fingerprint-based search of FDLE and FBI databases for STATE and NATIONAL criminal arrest records becomes a standard.Level II screens offer a greater level of protection for the vulnerable people.

 

•Applicants will take fingerprints through the use of “livescan” device that digitally takes their fingerprints – so there is no ink used as with regular fingerprinting.  The prints are then securely submitted to FDLE and then forwarded to the FBI for a NATIONAL check. The results from both the FDLE and FBI are sent to the agency within 2 or 3 days.

 

—•FDLE maintains a list of authorized Livescan service providers on their Web site

 

—•DOEA – Application for Exemption. In order for an applicant to be eligible to apply for an exemption they must meet the eligibility requirements which are:

 

-For disqualifying felonies, at least three years must have passed since release from confinement, supervision, or sanction prior to applying for the exemption.

-For juvenile delinquency offenses that would be felonies if committed by an adult, for which the record has not been sealed or expunged, at least three years must have passed since release from confinement, supervision, or sanction.

-For offenses that were felonies when committed but are now misdemeanors, you must have been released from confinement, supervision, or sanction prior .

-For disqualifying misdemeanors, you must have been released from confinement, supervision, or sanction.

 

—•DOEA Background Screen Exemption Review Committee meets and reviews all applications for  exemption from disqualification

-The Exemption Review Committee will be comprised of 2 CDC+ staff members and an attorney from the DOEA General Counsel’s office.

 

-The committee will review the initial report prepared by the Background Screen Coordinator.

-The committee may have a telephone conference with the applicant if they have questions or require additional information

-The committee will vote on the application and a unanimous recommendation will be prepared for the DOEA Secretary, the Secretary will either approve the application or deny it.  The Secretary’s decision is final.

 

For readers convenience we are posting the CDC+ program background screening and exemptions forms for download:

Download: Background Screening Appointment Form for the CDC+ Program within DOEA

Download: DOEA Affidavit of Good Moral Character

Download: DOEA Providers Attestation Form

Download:

CDC+ Application for Exemption from Disqualification Page 1

CDC+ Application for Exemption from Disqualification Page 2

CDC+ Application for Exemption from Disqualification Page 3

CDC+ Application for Exemption from Disqualification Page 4

CDC+ Application for Exemption from Disqualification Page 5

 

In order to get fingerprinted as part of DOEA’s CDC Plus program requirement please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we electronically transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $62. Visit our official website www.myidentico.com or call us today (954) 239-8590 or toll free (888) 988-8969.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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AHCA Background Screening APD Background Screening Department of Health Background Screening Florida Department of Elderly Affairs Background Screening

Florida Department of Elder Affairs Background Screening Requirements Emergency Ruling

DEPARTMENT OF ELDER AFFAIRS


Emergency Rule No.: RULE TITLE 58ER10-2: Background Screening Requirements.

 

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

 

The Florida Legislature passed Chapter 2010-114, Laws of Florida (L.O.F.), during the 2010 legislative session. This new law requires that effective August 1, 2010, all individuals seeking employment or volunteerism, which will require direct contact with individuals receiving services under the jurisdiction of the DOEA, must undergo a Level 2 background screening prior to employment or volunteerism. The Department is publishing this emergency rule to protect the health, safety and welfare of its recipients, thus eliminating the threat of immediate danger by reducing the potential for physical, mental or sexual abuse, or financial exploitation.

 

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule establishes criteria for complying with Level 2 background screening requirements pursuant to Chapter 2010-114, L.O.F., and more specifically, pursuant to Sections 430.0402 and 435.01(2), F.S., the later section which provides rulemaking authority to individual agencies affected by the new background screening requirements. In addition, Section 430.08, F.S., provides the DOEA with rulemaking authority to establish rules to implement the provisions of Chapter 430, F.S. The DOEA has been unable to complete the rulemaking process. Consequently, the DOEA finds it necessary to publish this emergency rule to continue to protect the health, safety and welfare of recipients while continuing with the rulemaking process.

 

SUMMARY: This emergency rule establishes criteria and procedures for complying with the new requirement of a Level 2 background screening for all potential employees, who will have direct contact with Department recipients, prior to employment or volunteerism.

 

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; telephone (850) 414-2113; Email address: crochethj@elderaffairs.org.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:
58ER10-2 Background Screening Requirements.
(1) DEFINITIONS.
In addition to the term “direct service provider,” as defined in Section 430.0402(1)(b), F.S., the following definitions are included in this rule:


(a) “AHCA” means the Florida Agency for Health Care Administration.
(b) “APD” means the Florida Agency for Persons with Disabilities.
(c) “CDC+” means the Consumer Directed Care Plus Program as described in Section 409.221, F.S.
(d) “Disqualifying Offense” means any criminal offense prohibited in Section 430.0402 or 435.04, F.S.
(e) “DOEA” or “Department” means the Florida Department of Elder Affairs.
(f) “DOH” means the Florida Department of Health.
(g) “FBI” means the Federal Bureau of Investigation.
(h) “FDLE” means the Florida Department of Law Enforcement.
(i) “Level 1 Screening” means an assessment of employment history checks, statewide criminal correspondence checks, local criminal history checks and a check of the Dru Sjodin National Sex Offender Public Website coordinated through FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.


1
(j) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search coordinated through FDLE and the FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.
(k) “Livescan” means both the technique and the technology used by law enforcement agencies and private facilities to capture fingerprints and palm prints electronically, without the need for the more traditional method of ink and paper.


(2) BACKGROUND SCREENING REQUIREMENTS.
Pursuant to Section 430.0402(1)(a), F.S., Level 2 background screening consistent with the requirements of Chapter 435, F.S., is required for all direct service providers as defined in Section 430.0402(1)(b), F.S.


(3) IMPLEMENTATION AND RETENTION.
Pursuant to Section 430.0402, F.S., beginning August 1, 2010, the following is required:
(a) All newly-hired direct service providers shall be required to undergo a Level 2 background screening pursuant to Chapter 435 as a condition of employment or volunteerism and continued employment or volunteerism. Such screening shall ensure that a direct service provider has not been arrested awaiting final disposition of, has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under Sections 430.0402, 435.03 or 435.04, F.S., or a similar law of another jurisdiction.


(b) Employers of direct service providers, who have not been previously screened according to the screening standards of Chapter 435, F.S., must ensure that at least twenty percent (20%) of the available population of such individuals are screened pursuant to the Level 2 screening standards of Chapter 435, F.S., within 120 calendar days of August 1, 2010, and an additional twenty percent (20%) every 90 calendar days thereafter, until all direct service providers have successfully satisfied the screening standards of Section 430.0402, F.S., and Chapter 435, F.S., or have applied for and received an exemption pursuant to Section 435.07, F.S. Employers with fewer than 5 direct service providers must ensure that all such direct service providers are screened within the initial 120 calendar day window after August 1, 2010.


(c) Employers of direct service providers are responsible for ensuring applicant fingerprints are retained by FDLE in the Applicant Fingerprint Retention and Notification Program, whereby notification is automatically sent to the Department’s Background Screening Coordinator, according to the procedures specified in Section 943.05, F.S., in the event of a direct service provider’s subsequent arrest.


(d) Employers of direct service providers, who previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards contained in Chapter 435, F.S., and Section 430.0402, F.S., shall be required to be rescreened every 5 years from the date of their last background screening or exemption, unless such individual’s fingerprints are continuously retained and monitored by FDLE in the Applicant Fingerprint Retention and Notification Program, according to the procedures specified in Section 943.05, F.S.


(4) EXCEPTIONS.
The following are exceptions to the background screening requirements specified in this rule:
(a) Physicians, nurses, or other professionals licensed by DOH are not subject to the background screening requirements of Chapter 435, F.S, if they are providing a service that is within the scope of their licensed practice.
(b) Individuals qualified for employment by AHCA pursuant to that Agency’s background screening standards for licensure or employment contained in Section 408.809, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider, if they are providing a service that is within the scope of their licensed practice.


(c) Individuals qualified for employment by APD pursuant to that Agency’s background screening standards contained in Section 393.0655, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider as defined in Section 393.063(11), F.S.


(d) Back-up providers, who render services to consumers enrolled in the CDC+ program, are considered to be the same as full-time providers, as defined in Section 409.221(c)5., F.S. Consequently, they are not considered to be unemployed for more than 90 days pursuant to Section 409.221(4)(h)2.(i), F.S., if they have not been called to render back-up services for a period exceeding 90 days.


(5) ELECTRONIC SUBMISSION OF FINGERPRINTS.
Beginning August 1, 2010, fingerprints submitted pursuant to Chapter 435, F.S., must be submitted electronically to FDLE, pursuant to paragraph (3)(c) of this rule.


(6) BACKGROUND SCREENERS.
One of the entities listed in the subsections below may be utilized for Level 2 background screening as long as the entity verifies in writing to the employer that all background screeners performing electronic fingerprinting meet the requirements of Section 435.04(1)(c), F.S., and have been subject to, and passed, a Level 1 background screening under the standards set forth in Chapter 435, F.S.


(a) Any screening company listed on the FDLE website as authorized to perform Level 2 LiveScan background screenings. The website address is: http://www.fdle.state.fl.us/Content/getdoc/04833e12-3fc6-4c03-9993-379244e0da50/livescan.aspx.
(b) Any local law enforcement capable of performing Level 2 Livescan background screenings, provided the equipment and electronic fingerprint data submission have been evaluated by FDLE to verify compliance with both FDLE and FBI regulations and standards.


(7) SHARING OF SCREENING RESULTS.
The information that a particular direct service provider has successfully passed a Level 2 background screening may be shared among DOEA programs and providers. In addition, passage of a Level 2 background screening for one program or provider shall constitute passage for all programs and providers. However, the use of a Level 2 background screening by a subsequent program or provider shall not affect the applicable date for rescreening pursuant to paragraph (3)(d) of this rule, if any. No information other than the fact that the applicant passed Level 2 screening may be shared.


Rulemaking Authority 430.08, 435.01(2) FS. Law Implemented 430.0402, 435.01, 435.02, 435.03, 435.04, 435.06, 435.07 FS. History–New_11-1-10, Supersedes 58ER10-1.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: November 1, 2010

 

In order to get fingerprinted as part of DOEA requirement for Direct Service Providers’ Background Screening  please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $62. 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.