Background Check Requirements for Home Care Workers in Florida

Level 2 screening statute. Fla. Stat. § 408.809 requires Level 2 background screening under § 435.04 for licensee owners, administrators, financial officers, and all personnel with direct access to clients or their funds at AHCA-licensed providers, including home health agencies, home care registries (nurse registries), and homemaker/companion providers. Source ↗

Clearinghouse. All screenings must be initiated through the Care Provider Background Screening Clearinghouse, which shares results across agencies (AHCA, APD, DOH, DCF, DOEA) so a single retained-print screening follows the worker between covered employers. Source ↗

Fingerprint retention and 5-year rescreen. Fingerprints are retained in the Clearinghouse for five years with arrest rap-back monitoring; every screened employee must be rescreened every five years to remain eligible for employment. Source ↗

Disqualifying offenses. Fla. Stat. § 435.04 lists dozens of disqualifying offenses (e.g., abuse, battery, theft, drug trafficking, sexual offenses); a disqualified person may not be hired in a position of direct access. Source ↗

Exemption from disqualification. Fla. Stat. § 435.07 allows individuals to apply to the agency for an exemption from disqualification after statutory waiting periods (generally 3 years after completing sanctions for felonies), demonstrating rehabilitation by clear and convincing evidence. Source ↗

Employment registration. Employers must register employment of screened individuals in the Clearinghouse within 10 business days of hire and mark separations, keeping the statewide employment roster current. Source ↗

Attestation. Providers must maintain signed attestations of compliance with background screening standards (AHCA Form 3100-0008) and affidavits of good moral character for screened staff. Source ↗

No universal federal mandate. There is no federal law requiring criminal background checks for private-pay home care workers; requirements are set state by state. HHS OIG found wide variation in state home health background check requirements, and Medicare Conditions of Participation for home health agencies defer to state law on screening. Source ↗

National Background Check Program (ACA Section 6201). Section 6201 of the Affordable Care Act created the CMS National Background Check Program, which awarded grants to more than 25 states to build fingerprint-based, comprehensive background check systems for direct patient access employees of long-term care providers, including home health agencies and personal care providers. Source ↗

FCRA obligations. When an agency uses a consumer reporting agency (third-party background check vendor), the federal Fair Credit Reporting Act requires a standalone written disclosure, the applicant's written authorization, and the pre-adverse action / adverse action notice process (copy of the report and Summary of Rights) before rejecting a candidate based on the report. Source ↗

OIG exclusion list (LEIE). Home care providers that bill Medicare or Medicaid must not employ or contract with individuals excluded from federal health care programs. HHS OIG maintains the List of Excluded Individuals/Entities (LEIE); CMS and state Medicaid agencies expect screening at hire and monthly thereafter, and payments tied to excluded persons are subject to recovery and civil monetary penalties. Source ↗