AHCA Criminal History Checks for Hospitals

ACHA is the Florida Agency for Health care Administration, the agency that regulates the Medicaid program and licenses the state's health care facilities. According to its website, it also is responsible for "sharing health care data to the Florida Center for Health Information and Policy Analysis." One of the licensing requirements for health care workers is a criminal background check.

Types

• The two types of criminal background screening in Florida are Level 1 screening and Level 2 screening. All jobs requiring criminal background checks in Florida must at minimum, undergo Level 1 screening. Level 2 screening is reserved for people applying for jobs that involve trust and responsibility. Public health law in Florida requires Level 2 screening of health care workers and owners of health care facilities.

Level 1

• Level 1 screening requires the potential employee to submit to a background investigation that includes employment history checks as well as criminal background checks through the Florida Department of Law Enforcement (FDLE). In addition, these checks may include criminal checks through local law enforcement agencies. As of 2009, there are 32 crimes that will preclude you from employment in the healthcare industry, should a background check reveal a conviction.

Level 2

• Level 2 screening is a more detailed background investigation. It requires that you be fingerprinted, and involves checking juvenile and adult criminal records statewide through the FDLE, and a federal criminal records check through the Federal Bureau of Investigation. It may also involve checking records with local jurisdictions. As of 2009, there are 47 crimes which can prevent you from working in the health care industry or owning a facility.

Time Frame--Level 1

• If your position requires a Level 1 criminal background check, within five working days of the date you started working, you must provide the employer with all of the information they will need to conduct the background investigation. Within five working days of receiving the information, the employer must forward it to the FDLE. Upon completion of their investigation, the FDLE will report their findings to the employer or licensing agency. If the agency uncovered disqualifying information, the employer or licensing agency must report it to the employee.

Time Frame--Level 2

• Level 2 screening has the same time frame submission requirements as Level 1 screening, but in Level 2 screening there is the additional step of the FDLE submission of that information to the Federal Bureau of Investigation (FBI). The FBI, once it has conducted its investigation, will report to the FDLE any finds it has. This information will be forwarded by the FDLE to the employer or licensing agency. Each year, employers subject to conducting Level 2 screening must submit an affidavit that all employees have been screened or are newly hired and await screening.