Health Care Clinics

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.

Changes in the law, passed during the 2010 legislative session (Chapter Law 2010-114), significantly modifies the background screening and hiring process for many service providers regulated by a variety of state agencies including health care providers licensed by the Agency for Health Care Administration (Agency) under Chapter 408, Part II, Florida Statutes (F.S.)

According to section 943.0525, F.S., the Criminal Justice Information Program will not allow Level II screenings unless there is statutory authority to do so. The following persons are required to undergo Level II screening in accordance with section 408.809, F.S.:

Licensee if the licensee is an individual [Reference 408.809(1)(a)]

Administrator or a similarly titled person who is responsible for the day-to-day operation of the provider. For example in a clinical laboratory, the Laboratory Director is the person designated with the day-to-day responsibilities of operation. [Reference 408.809(1)(b)]

Financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider. [Reference 408.809(1)(c)]

Controlling interests – may be required to be screened if the agency has reason to believe the person has been convicted of a disqualifying offense. [Reference 408.809(1)(d)]. A controlling interest is defined as the applicant or licensee; a person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or a person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the provider. The term does not include a voluntary board member.

Employees that are expected to provide direct care or services or have access to client property, funds or living areas. [Reference 408.809 (1)(e)]

Contractors expected to provide personal care or personal services directly to clients. Evidence of contractor screening may be retained by the contractor’s employer or the licensees (provider). [408.809 (1)(e)]

Other persons required under the authorizing statutes to be screening including the medical director and all health care practitioners for a licensed health care clinic (see chart for details).

Volunteers for a mental health provider licensed under chapter 394, F.S. which includes Crisis Stabilization Units, Residential Treatment Facilities, and Residential Treatment Centers for Children and Adolescents, must undergo Level 2 screening unless they work less than 10 hours/month and are within the line of sight of an employee that has successfully completed a Level 2. [Reference: 394.4572]

Volunteers for a hospice provider are considered employees of the hospice in accordance with Rule 58A-2.002(6) and therefore must undergo Level 2 screening if they will provide personal care or services directly to clients or have access to client funds, personal property or living areas.

Students – Section 394.4572(1), Florida Statutes regarding screening of mental health personnel states that all program directors, professional clinicians, staff members, and volunteers working in public or private mental health programs and facilities who have direct contact with individuals held for examination or admitted for mental health treatment must undergo Level 2 screening in accordance with section 435.04 and section 408.809, F.S. with the exception of students who are interning in a mental health facility licensed under chapter 395, where the primary purpose of the facility is not the treatment of minors. These individuals are exempt from the screening requirements if they are under direct supervision in the actual physical presence of a licensed health care professional.

The Agency for Health Care Administration does not have statutory authority to screen students interning with a health care provider other than in the situation described above.

Children under Age 18 – The law does not change based on the age of the employee/contractor. If a child under 18 years of age meets the definition of one of the positions above he/she must undergo the same screening as a person over age 18.

Who is Required to be Screened

Facility/Service Type	Owner / Administrator	Financial Officer	Employees and Contractors Providing Personal Care/ Services	Employees that have access to client property, funds or living areas
Abortion Clinics Ambulatory Surgery Centers Birth Centers Clinical Laboratories Performing Non-waived Testing (including physician performed microscopic tests) Drug Free Workplace Multiphasic Health Testing Centers Organ Procurement Organizations, Tissue Banks, Eye Banks	Level 2	Level 2	n/a	n/a
Adult Day Care Centers Adult Family Care Homes Assisted Living Facilities Health Care Service Pools Home Health Agencies Homemaker/Sitter/Companion Home Medical Equipment Providers Homes for Special Services Hospice Intermediate Care Facilities for the Developmentally Disabled ** Nurse Registries Nursing Homes Prescribed Pediatric Extended Care Transitional Living Facilities	Level 2	Level 2 (excluding Adult Family Care Homes)	Level 2	Level 2 (Volunteers working in a Hospice are considered employees and are required to undergo Level 2 screening)
Community Mental Health Crisis Stabilization Units Residential Treatment Centers for Children and Adolescents Residential Treatment Facilities Short Term Residential Treatment Facilities	Level 2 (excludes Community Mental Health)	Level 2 (excludes Community Mental Health)	Level 2	Level 2 (includes volunteers unless they work less than 10 hours/month as long as the volunteer is within the line of sight of an employee that has successfully completed a Level 2.)
Health Care Clinics	Level 2 (includes owners with 5% or more interest in the clinic)	Level 2	Level 2	Level 2
Hospitals	Level 2	Level 2	Level 2 (only applies to staff working within mental health or psychiatric centers)	–
Risk Managers	Level 2	**	**	**
** These providers may request screenings to be reviewed through the Agency for Health Care Administration OR the Department of Children and Families