The Florida Senate

400.512  Screening of home health agency personnel; nurse registry personnel; and sitters, companions, and homemakers.--The Agency for Health Care Administration shall require employment screening as provided in chapter 435, using the level 1 standards for screening set forth in that chapter, for home health agency personnel; persons referred for employment by nurse registries; and persons employed by sitter, companion, or homemaker services registered under s. 400.509.

(1)  The Agency for Health Care Administration may grant exemptions from disqualification from employment under this section as provided in s. 435.07.

(2)  The administrator of each home health agency or sitter, companion, or homemaker service registered under s. 400.509 must sign an affidavit annually, under penalty of perjury, stating that all personnel hired on or after October 1, 1989, who enter the home of a patient in the capacity of their employment have been screened and that its remaining personnel have worked for the home health agency or registrant continuously since before October 1, 1989.

(3)  As a prerequisite to operating as a home health agency, or sitter, companion, or homemaker service under s. 400.509, the administrator must submit to the Agency for Health Care Administration their name and any other information necessary to conduct a complete screening according to this section. The Agency for Health Care Administration shall submit the information to the Department of Law Enforcement and the department's abuse hotline for state processing. The Agency for Health Care Administration shall review the record of the administrator with respect to the offenses specified in this section and shall notify the owner of its findings. If disposition information is missing on a criminal record, the administrator, upon request of the Agency for Health Care Administration, must obtain and supply within 30 days the missing disposition information to the Agency for Health Care Administration. Failure to supply missing information within 30 days or to show reasonable efforts to obtain such information will result in automatic disqualification.

(4)  Proof of compliance with the screening requirements of chapter 435 shall be accepted in lieu of the requirements of this section provided that such person has been continuously employed without a breach in service that exceeds 180 days. Proof of compliance with the screening requirements of this section shall be provided upon request to the person screened by the home health agencies; nurse registries; or sitter, companion, or homemaker services registered under s. 400.509.

(5)  There is no monetary liability on the part of, and no cause of action for damages arises against, a licensed home health agency, or sitter, companion, or homemaker service registered under s. 400.509, that, upon notice of a confirmed report of adult abuse, neglect, or exploitation under ¹paragraph (2)(b), terminates the employee against whom the report was issued, whether or not the employee has filed for an exemption with the Agency for Health Care Administration under ²subparagraph (3)(a)5. and whether or not the time for filing has expired.

(6)  The costs of processing the statewide correspondence criminal records checks and the search of the department's central abuse hotline must be borne by the home health agency; the nurse registry; or sitter, companion, or homemaker service registered under s. 400.509, or by the person being screened, at the discretion of the home health agency, nurse registry, or s. 400.509 registrant.

(7)  The Agency for Health Care Administration; the home health agency; nurse registry; or sitter, companion, or homemaker service registered under s. 400.509 may not use the criminal records, juvenile records, or central abuse hotline information of a person for any purpose other than determining whether that person meets minimum standards of good moral character for home health agency personnel. The criminal records, juvenile records, or central abuse hotline information obtained by the Agency for Health Care Administration; home health agency; nurse registry; or sitter, companion, or homemaker service for determining the moral character of such personnel are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(8)(a)  It is a misdemeanor of the first degree, punishable under s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

1.  Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person's qualifications to be an employee under this section;

2.  Operate or attempt to operate an entity licensed or registered under this part with persons who do not meet the minimum standards for good moral character as contained in this section; or

3.  Use information from the criminal records or central abuse hotline obtained under this section for any purpose other than screening that person for employment as specified in this section or release such information to any other person for any purpose other than screening for employment under this section.

(b)  It is a felony of the third degree, punishable under s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use information from the juvenile records of a person obtained under this section for any purpose other than screening for employment under this section.

History.--s. 14, ch. 93-214; s. 21, ch. 94-134; s. 21, ch. 94-135; s. 1057, ch. 95-148; s. 17, ch. 95-152; s. 14, ch. 95-158; s. 1, ch. 95-201; s. 40, ch. 95-228; s. 128, ch. 95-418; s. 11, ch. 96-268; ss. 230, 231, ch. 96-406.

¹Note.--Paragraph (2)(b) does not exist.

²Note.--Subparagraph (3)(a)5. does not exist.