Categories
APD Background Screening DCF Background Screening

Background Screening law changes affecting APD providers in the State of Florida

Attention APD Providers,

 

On May 17, 2010, Governor Crist signed House Bill 7069 into law. This law substantially rewrites requirements and procedures for background screening of the persons and businesses that deal primarily with vulnerable populations, including all direct service providers screened pursuant to section 393.0655, Florida Statutes.

 

Key changes made by the bill:

 

• Prohibits any person required to be screened from beginning work until the screening process has been completed.

• Increases all Level 1 screening to Level 2 screening.

• Requires all fingerprints to be submitted through Livescan by July 1, 2012.

• Requires all direct service providers for Agency clients to complete Level 2 background screening.

• Adds additional crimes to the list of disqualifying offenses.

• Provides that any person who has been arrested for a disqualifying offense may not provide direct services to an agency client until final disposition of the alleged offense.

• Authorize agencies to request the retention of fingerprints by the Florida Department of Law Enforcement.

• Provides that an exemption for a disqualifying felony may not be granted until at least three years after the completion of all sentencing sanctions for that felony.

• Requires that all exemptions from disqualification be granted only by the agency head.

 

The following offenses were added to the list of disqualifying offenses for all persons screened pursuant to section 435.04, Florida Statute (F.S).

 

• (m) section 787.025; luring or enticing a child for an unlawful purpose

• (t) section 794.05; unlawful sexual activity with certain minors

• (y) section 810.02; burglary

• (z) section 810.14; voyeurism, if a felony

• (aa) section 810.145; video voyeurism, if a felony, and

• (uu) section 944.40; escape

In addition to the offenses added to 435.04, F.S., the following offenses have been added to the screening requirements of section 393.0655, F.S.:

• (c) section 409.920; relating to Medicaid provider fraud

• (d) section 409.921; relating to Medicaid fraud

• (e) section 817.034; relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems

• (f) section 817.234; relating to false and fraudulent insurance claims

• (g) section 817.505; relating to patient brokering

• (h) Section 817.568; relating to criminal use of personal identification information

• (i) section 817.60; relating to obtaining a credit card through fraudulent means

• (j) section 817.61; relating to fraudulent use of credit cards, if the offense was a felony

• (k) section 831.01; relating to forgery

• (l) section 831.02; relating to uttering forged instruments

• (m) section 831.07; relating to forging bank bills, checks, drafts, or promissory notes, and

• (n) section 831.09; relating to uttering forged bank bills, checks, drafts or promissory notes

 

Providers who are currently enrolled are not required to be rescreened until their 5-year rescreening or rescreening is required pursuant to section 393.0655, F.S., section 393.0657, F.S., or chapter 435, F.S. There is a strong possibility that employees and providers that have cleared background screening may present with prior offenses that are now disqualifying. The Agency for Persons with Disabilities will coordinate with the Department of Children and Families to effectively deal with these issues.

 

This change in law takes effect August 1, 2010. If you have any questions or if we can be of any assistance, please contact IDENTICO LLC today. We are FDLE authorized live scan vendor with capacity to fingerprint APD providers in APD Area 15, APD Area 9, APD Area 10 and APD area 11. We work cooperatively with DCF background screening units and assist clients with any questions related to live scan fingerprinting, level 2 background checks and support in communication with DCF screeners.

 

Please contact us today by calling (954) 239-8590 or visit us online at www.myidentico.com. The fee for electronic fingerprinting for APD is only $80.00, just bring your ID and OCA number, and we’ll handle the rest.

 

Sincerely,

IDENTICO LLC.

Categories
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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Categories
AHCA Background Screening DCF Background Screening Department of Health Background Screening

Fingerprinting and Criminal History Check for Florida Medicaid Providers’ Enrollment

Criminal History Requirements

Criminal history checks are required for both enrolling and re-enrolling Medicaid providers. The following individuals in each provider organization are required to have criminal history checks:

All partners or shareholders with an ownership interest of five percent or more;
All officers (this includes the president, vice president, etc.);
All directors (this is the board of directors);
Financial records custodian;
All billing agents;
All managing employees or affiliated persons, including pharmacy managers;
All individuals authorized to sign on the account used for electronic funds transfer.

If individuals belong to more than one of the above categories, they only require one criminal history check.

 

Fingerprint Cards Requirements

The criminal history check is conducted based on the applicants’ fingerprints. Applicants are required to submit a copy of their fingerprints on the fingerprint card included in the Florida Medicaid Provider Enrollment Application package.Providers may not use other types of fingerprint cards. Additional cards can be obtained from the fiscal agent or any area Medicaid office.

 

Payment for Criminal History Check

Provider applicants are required to submit a check made payable to the Agency for Health Care Administration for each fingerprint card submitted with the Enrollment Application.

 

Criminal History Check Process

The fiscal agent submits the fingerprint cards to FDLE. FDLE conducts a state criminal-background investigation that is called a Level 1 check. FDLE forwards the fingerprints to the FBI for a national criminal-history record check. This is called a Level 2 check.

 

Rejected Fingerprint Cards

Applicant fingerprint cards that are rejected by the FBI will be returned directly to Medicaid Contract Management. Rejected fingerprint cards will be accompanied by a United States Department of Justice Form 1-17 A, Rev 5-2-96, or Form 1-12, Rev 4-28-97, that lists the various reasons a fingerprint card may be rejected. If a fingerprint card is rejected, it will be necessary for the applicant to submit a new fingerprint card.

 

In order to preclude duplicate payments and to receive a complete FBI record, the applicant must submit the rejected fingerprint card along with a new fingerprint card to Medicaid. If the second card is rejected and returned by the FBI, additional payment will be required before a third submission. Failure to successfully submit a new fingerprint card may result in denial of a pending enrollment or termination of an active provider.

 

Exemption For Board Members

Board members of a not-for-profit corporation or organization are exempt from the criminal history check if they meet all of the following criteria:
Serve solely in a voluntary capacity; Do not regularly take part in the day-to-day operational decisions of the corporation or organization; Receive no remuneration from the corporation or organization for their service on the board of directors; Have no financial interest in the corporation or organization; and Have no family members with financial interest in the corporation or organization.

 

To obtain the exemption, the corporation or organization must submit a NonProfit Organization Volunteer Board Member Affidavit for Exemption from Medicaid Criminal History Checks along with a list of the board members’ names and social security numbers. The Non-Profit Organization Volunteer Board Member Affidavit for Exemption from Medicaid Criminal History Checks is an attachment to the Florida Medicaid Provider Enrollment Application, AHCA Form 2200-0003, F.A.C.

 

Note: A Non-Profit Organization Volunteer Board Member Affidavit for Exemption from Medicaid Criminal History Checks may be obtained from the Medicaid fiscal agent by calling Provider Enrollment at 800-289-7799 and selecting Option 4 or by downloading the form from the Medicaid fiscal agent’s Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Enrollment.

 

Exemption for Providers

The following providers are exempt from the criminal history check:

Hospitals licensed under Chapter 395, Florida Statutes. (This exemption does not apply to the physicians’ groups, laboratories, pharmacies, or other non-institutional providers that are not licensed under Chapter 395, but are owned by or affiliated with the hospital.)

 

Nursing facilities, hospices, assisted living facilities, and adult family care homes licensed under Chapter 400, Florida Statutes. (This exemption does not apply to the physicians’ groups, laboratories, pharmacies, durable medical equipment companies or other non-institutional providers not licensed under Chapter 400, but are owned by or affiliated with the nursing facilities, hospices and assisted living facilities.)

 

School districts.
Units of local government. (This exemption does not apply to nongovernmental providers and entities that contract with the local government to provide Medicaid services. The contracted entities are responsible for the cost of the criminal history checks for all applicable staff and management.)

 

Any business that derives more than 50 percent of its revenue from the sale of goods to the final consumer AND either the business or its
controlling parent is required to file a form 10-K or similar statement with the Securities and Exchange Commission OR the business has a net
worth of $50 million or more. (This exception is designed primarily to exclude large pharmaceutical companies. The business must submit its
annual report including audited financial statements or 10-K Form with the exemption request.)

 

To obtain the exemption, the provider must submit an FDLE Criminal History Check and Fingerprinting Exemption Request. The FDLE Criminal History Check and Fingerprinting Exemption Request is an attachment to the Florida Medicaid Provider Enrollment Application, AHCA Form 2200-0003, which is incorporated by reference in 59G-5.010, F.A.C.

 

Note: An Exemption Request form may be obtained from the Medicaid fiscal agent by calling Provider Enrollment at 800-289-7799 and selecting Option 4 or by downloading the form from the Medicaid fiscal agent’s Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Enrollment.

 

Exemption for Government Entities with Previous Criminal History Checks

If a government agency or government-owned facility already obtains criminal history checks on its employees, Medicaid does not require another check if the following criteria are met:
The government agency or government-owned facility submits documentation in the form of a letter or official form from the screening agency, which specifies the applicant’s name and dates of the FDLE and FBI criminal history checks;
The previously completed criminal history check is no more than 12 months old as of the date of receipt of the application; and Medicaid reserves the right, on a case-by-case basis, to reject any criminal history check deemed questionable, or to require that a new criminal history check be completed and the appropriate fee submitted to cover payment required by FDLE.
Criminal history check exemption policies for government agencies apply to hospital taxing districts, such as the North Broward Hospital District; state agencies, such as county health departments; and state university system facilities, such as the University of Florida, Shands Teaching  Hospital.

 

Exemption for DCF License

Criminal history checks are not required for medical foster care or private transportation providers who have a Florida Department of Children and Families license.

 

Exemption for Physicians, RNs and ARNPs

Criminal history checks are not required for physicians, podiatrists, chiropractors, registered nurses, and advanced registered nurse  practitioners who are currently licensed through the Florida Department of Health (DOH). If an Alabama or Georgia provider is designated as an in-state provider and has a current Florida DOH license, then a criminal history check is not required. However, if the provider does not have a valid Florida DOH license; then a fingerprint card and a criminal history check is required.

 

Criminal History Check by Other Agencies

Medicaid accepts criminal history checks conducted by other Florida agencies or departments that have been completed within 12 months of receipt of the application. The provider must submit a letter or official form from the agency that conducted the criminal history check with the Enrollment Application. The letter or form must specify the applicant’s name, Social Security Number, date the criminal history check was completed, the level of the screening and the results. Medicaid Provider Enrollment will review the information and approve or deny
the application.

 

At this time Florida Medicaid Provider Enrollment is managed by third party vendor -HP. The submission of fingerprints for Medicaid Provider Services Level 2 Background Check is allowed by two methods. IDENTICO LLC– is FDLE approved live scan vendor provides physicians’ groups, laboratories, pharmacies and other non-institutional providers that are not licensed under Chapter 395, but are owned by or affiliated with the hospital, with solutions to comply with fingerprinting and background screening requirements of Medicaid Enrollment.

 

a)     We can collect and submit fingerprints electronically on our Live Scan Equipment, at your location or ours. This way fingerprint cards are not required, we provide all necessary prove of individuals transaction records, including the TCN numbers. The cost of such screening is $54.25/person, you don’t have to send $43.25 check to AHCA, and this fee is included in our rate. Traveling fees may apply for mobile fingerprinting appointments.

 

b)      We can capture fingerprints old fashion way on hard-copy fingerprint card. The client has to provide us specifically pre-printed cards made exclusively for Medicaid Provider Services. Such fingerprint cards can be requested from Medicaid Enrollment. The fee is $15/card, you would have to attach $43.25 fee payable to AHCA along with your enrollment application and the card. Traveling fees may apply for mobile fingerprinting appointments. Hard copy method is recommended for individuals with poor quality fingerprints, such prints have a high change to be denied by FBI as illegible.

 

Please contact us for more information. 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.

 

Mobile unit appointments need to be scheduled by phone only .

Categories
AHCA Background Screening

Fingerprinting and Level 2 Background Check for Nursing Homes in Florida

The Level 2 Background Screening for Nursing Homes is required by AHCA and based on F.S. 400.215. Statute says

 

(1) 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.

 

(2) The agency shall, as allowable, reimburse nursing facilities for the cost of conducting background screening as required by this section. This reimbursement is not subject to any rate ceilings or payment targets in the Medicaid Reimbursement plan.

 

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

 

If the Nursing Home 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.