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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 DCF Background Screening

Background Screening requirements for CDC+ program run by Florida APD

CDC+ Background Screening Process Information

 

1. Consumer Directed Care Plus (CDC+) participate/representative (the employer) selects prospective employee/ independent contractor to provide services.

 

2. CDC+ Employer has good moral character form filled out and notarized for the prospective employee/independent contractor.

 

3. CDC+ Employer gives background screening packet to the prospective employee/independent contractor who completes the forms and then goes to an approved Florida Department of Law Enforcement (FDLE) vendor to get his fingerprints taken. The fingerprint vendor (who took the prints) is responsible for sending results to FDLE. This must be accomplished using the CDC + ORI/OCA codes.

 

4. Background screening is completed by (FDLE)/Federal Bureau of Investigation (FBI) and results returned to Department of Children and Families (DCF) or Agency for Persons with Disabilities (APD).

 

5. DCF determines eligibility and emails the clearance letter to APD for Area staff to print and provide to CDC+ Consultant.

 

6. CDC+ Consultant gives clearance letter to CDC+ employer to place the clearance letter, the good moral character form, and local checks if completed in the employee file for review as needed.

 

7. The CDC+ employer will retain a copy of the completed background screening packet in their CDC+ file as part of their employee files to be available upon request for review.

 

8. CDC+ employers can share copies of the clearance letter with other CDC+ employers. The new employer must ensure there has not been a break in employment of more than 90 days. Such person must attest under penalty of perjury to not having been convicted of a disqualifying offense since completing their last screening (Good Moral Character form).

 

9. Effective August 2010, Florida’s background screening laws changed to require that all employees of CDC+ participants pass a level 2 background screening before they can begin working for the CDC+ participant who is their employer. A CDC+ participant may share the results of his or her employee’s background screening with another CDC+ participant in order for the other CDC+ participant to use the results as proof of the employee’s having passed the background screening. However, it is the responsibility of the CDC+ participant who receives the background  screening results to make sure the employee in question was employed during that time with no break in employment longer than 90 days.

 

10. If it is a Provider Agency, (i.e. staffing agency for nursing services, Adult Day Training, etc.) then the letter is provided to screened employee after the screening is completed and the Provider Agency would maintain the file for review as the CDC+ employer is subcontracting with this agency.

 

NOTE: The CDC+ Employee can always ask for the scheduled employee coming to the consumer home to bring a copy of the employee clearance letter to ensure that the Agency has conducted the employee screening and the CDC+ employee can be assured that the employee providing direct care to consumer is compliant with the law.

 

IDENTICO LLC is FDLE authorized Live Scan vendor serving APD and CDC+ providers in Area 15, Area 9, Area 10 and Area 11. We can travel to almost every location in Martin County, Palm Beach county, Broward County and Miami Dade County and fingerprint larger groups with our mobile fingerprinting unit. With any question related to APD and CDC+ background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. You can also schedule the appointment and visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021. Bring your ID and OCA# number, the cost of screening is $80.00

 

Sincerely,

IDENTICO LLC.