1

The Committee on Health Regulation (Alexander) recommended the

2

following amendment to amendment (754484):

3

4

     Senate Amendment

5

     Delete line(s) 88-238

6

and insert:

7

     400.215 Background Personnel screening requirement.--

8

     (1) The agency shall require Background screening as

9

provided in chapter 435 is required for all nursing home facility

10

employees or prospective employees of facilities licensed under

11

this part who are expected to, or whose responsibilities may

12

require them to:

13

     (a)  Provide personal care or services to residents;

14

     (b)  Have access to resident living areas; or

15

     (c)  Have access to resident funds or other personal

16

property.

17

     (2) Background screening as provided in chapter 435 is

18

required for all nursing home facility contracted workers who are

19

expected to, or whose responsibilities may require them to,

20

provide personal care or services to residents. The facility

21

shall maintain verification that such contracted workers have

22

been screened pursuant to this section. Contracted workers who do

23

not provide personal care or services to residents are not

24

required to be screened pursuant to this section but must sign in

25

at the reception desk or nurses' station upon entering the

26

facility, wear an identification badge while on the premises, and

27

sign out before leaving the facility. The nursing facility shall

28

maintain a log containing the information collected.

29

     (3)(2) Employers, and employees, contractors, and

30

contracted workers shall comply with the requirements of s.

31

435.05.

32

     (a) Notwithstanding the provisions of s. 435.05(1),

33

facilities must have in their possession evidence that level 1

34

screening under s. 435.03 has been completed before allowing an

35

employee or contracted worker to begin employment in the facility

36

working with patients as provided in subsection (1). All

37

information necessary for conducting level 1 background screening

38

using level 1 standards as specified in s. 435.03 shall be

39

submitted by the nursing facility to the agency. Results of the

40

background screening shall be provided by the agency to the

41

requesting nursing facility.

42

     (b) Employees and contracted workers qualified under the

43

provisions of paragraph (a) who have not maintained continuous

44

residency within the state for the 5 years immediately preceding

45

the date of request for background screening must complete level

46

2 screening, as provided in s. 435.04 chapter 435. Such Employees

47

may work in a conditional status for up to 180 days pending the

48

receipt of written findings evidencing the completion of level 2

49

screening. Contracted workers who are awaiting the completion of

50

level 2 screening may work only under the direct and visual

51

supervision of persons who have met the screening requirements of

52

this section. Level 2 screening is shall not be required for of

53

employees, or prospective employees, or contracted workers who

54

attest in writing under penalty of perjury that they meet the

55

residency requirement. To complete Completion of level 2

56

screening: shall require

57

     1. The employee or contracted worker shall prospective

58

employee to furnish to the nursing facility a full set of

59

fingerprints for conducting a federal criminal records check to

60

enable a criminal background investigation to be conducted.

61

     2. The nursing facility shall submit the completed

62

fingerprint card to the agency.

63

     3. The agency shall establish a record of the request in

64

the database provided for in paragraph (c) and forward the

65

request to the Department of Law Enforcement, which is authorized

66

to submit the fingerprints to the Federal Bureau of Investigation

67

for a national criminal history records check.

68

     4. The results of the national criminal history records

69

check shall be returned to the agency, which shall maintain the

70

results in the database provided for in paragraph (c).

71

     5. The agency shall notify the administrator of the

72

requesting nursing facility or the administrator of any other

73

requesting facility licensed under chapter 393, chapter 394,

74

chapter 395, chapter 397, chapter 429, or this chapter, as

75

requested by such facility, as to whether or not the employee has

76

qualified under level 1 or level 2 screening.

77

78

An employee or contracted worker prospective employee who has

79

qualified under level 2 screening and has maintained such

80

continuous residency within the state is shall not be required to

81

complete a subsequent level 2 screening as a condition of

82

employment at another facility.

83

     (c) The agency shall establish and maintain a database that

84

includes of background screening information which shall include

85

the results of all both level 1 and level 2 screening. The

86

Department of Law Enforcement shall timely provide to the agency,

87

electronically, the results of each statewide screening for

88

incorporation into the database. The agency shall, upon request

89

from any facility, agency, or program required by or authorized

90

by law to screen its employees or contracted workers applicants,

91

notify the administrator of the facility, agency, or program of

92

the qualifying or disqualifying status of the person employee or

93

applicant named in the request.

94

     (d) Applicants and Employees, prospective employees, and

95

contracted workers shall be excluded from employment pursuant to

96

s. 435.06, and may not be employed or resume employment until

97

exempted or all appeals have been resolved in favor of the person

98

screened. However, an employee of a nursing facility, employed

99

prior to October 1, 1998, who is determined to have a

100

disqualifying offense may continue employment pending the outcome

101

of an exemption request if that request is made by October 1,

102

2009.

103

     (4)(3) The person being screened applicant is responsible

104

for paying the fees associated with obtaining the required

105

screening. Payment for the screening shall be submitted to the

106

agency. The agency shall establish a schedule of fees to cover

107

the costs of level 1 and level 2 screening. Facilities may pay

108

reimburse employees for these costs. The Department of Law

109

Enforcement shall charge the agency for a level 1 or level 2

110

screening a rate sufficient to cover the costs of such screening

111

pursuant to s. 943.053(3). The agency shall, as allowable,

112

reimburse nursing facilities for the cost of conducting

113

background screening as required by this section. This

114

reimbursement is will not be subject to any rate ceilings or

115

payment targets in the Medicaid Reimbursement plan.

116

     (5)(4)(a) As provided in s. 435.07:,

117

     (a) The agency may grant an exemption from disqualification

118

to an employee, or prospective employee, or contracted worker who

119

is subject to this section and who has not received a

120

professional license or certification from the Department of

121

Health.

122

     (b) As provided in s. 435.07, The appropriate regulatory

123

board within the Department of Health, or that department itself

124

when there is no board, may grant an exemption from

125

disqualification to an employee, or prospective employee, or

126

contracted worker who is subject to this section and who has

127

received a professional license or certification from the

128

Department of Health or a regulatory board within that

129

department.

130

     (6)(5) Any provision of law to the contrary

131

notwithstanding, Persons who have been screened and qualified as

132

required by this section, and who have not been unemployed for

133

more than 180 days thereafter, and who, under penalty of perjury,

134

attest to not having been convicted of a disqualifying offense

135

since the completion of such screening are, shall not be required

136

to be rescreened. An employer may obtain, pursuant to s. 435.10,

137

written verification of qualifying screening results from the

138

previous employer, contractor, or other entity that which caused

139

the such screening to be performed.

140

     (7)(6) The agency and the Department of Health may shall

141

have authority to adopt rules to administer pursuant to the

142

Administrative Procedure Act to implement this section.

143

     (7) All employees shall comply with the requirements of

144

this section by October 1, 1998. No current employee of a nursing

145

facility as of the effective date of this act shall be required

146

to submit to rescreening if the nursing facility has in its

147

possession written evidence that the person has been screened and

148

qualified according to level 1 standards as specified in s.

149

435.03(1). Any current employee who meets the level 1 requirement

150

but does not meet the 5-year residency requirement as specified

151

in this section must provide to the employing nursing facility

152

written attestation under penalty of perjury that the employee

153

has not been convicted of a disqualifying offense in another

154

state or jurisdiction. All applicants hired on or after October

155

1, 1998, shall comply with the requirements of this section.

156

     (8)  There is no monetary or unemployment liability on the

157

part of, and a no cause of action for damages does not arise

158

arising against, an employer that, upon notice of a disqualifying

159

offense listed under chapter 435 or an act of domestic violence,

160

terminates the employee against whom the report was issued,

161

whether or not the employee has filed for an exemption with the

162

Department of Health or the agency for Health Care

163

Administration.

3/18/2008  11:24:00 AM     588-05203-08