The AHCA Form # 3100-0008 serves as an attestation of compliance with background screening requirements for employees in the healthcare sector in Florida. This document certifies that the individual has met all necessary standards for employment within this field, specifically under sections 435.05(2) and 408.809(2), Florida Statutes. It is crucial for ensuring that those employed in sensitive positions are qualified and have a clean legal record, enhancing the safety and integrity of healthcare services. If you are in the process of applying for a role that requires this form, make sure to fill it out diligently by clicking the button below.
In today’s stringent compliance environment, the AHCA 3100 0008 form stands as a crucial document for employees within the healthcare sector in Florida, ensuring adherence to the state's background screening requirements. Mandated under the specific legal frameworks of sections 435.05(2) and 408.809(2), Florida Statutes, this form requires employees to attest, under the threat of perjury, to their qualification for employment based on a clean record of specific criminal offenses and to vow to inform their employer immediately of any arrests relating to disqualifying offenses whilst employed. Furthermore, it serves as proof of compliance with Level 2 background screening standards, essential for those seeking to work in sensitive roles within healthcare, including positions as administrators or chief financial officers in continuing care retirement communities. Notably, this form doesn’t just underscore the gravity of maintaining a workforce that is not only qualified but also trustworthy and legally compliant; it also requires attaching screening results when used for healthcare provider licensure applications, ensuring a streamlined process for verifying employee backgrounds. This encapsulates the dual function of the AHCA 3100 0008 form: attesting to personal compliance and serving as a key document within the broader regulatory landscape of healthcare employment in Florida.
ATTESTATION OF COMPLIANCE
with Background Screening
Requirements
Authority: This form shall be used by all employees to comply with:
•the attestation requirements of section 435.05(2), Florida Statutes, which state that every employee required to undergo Level 2 background screening must attest, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to this chapter and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer; AND
•the proof of screening within the previous 5 years in section 408.809(2), Florida Statutes, which requires proof of compliance with level 2 screening standards that have been screened through the Care Provider Background Screening Clearinghouse created under Section 435.12, F.S., or screened within the previous 5 years by the Agency, Department of Health, Department of Elder Affairs, the Agency for Persons with Disabilities, Department of Children and Families, or the Department of Financial Services for an applicant for a certificate of authority to operate a continuing care retirement community under Chapter 651, F.S., and in accordance with the standards in Section 408.809(2), F.S., if that agency is not currently implemented in the Care Provider Background Screening Clearinghouse.
This form must be maintained in the employee’s personnel file. If this form is used as proof of screening for an administrator or chief financial officer to satisfy the requirements of an application for a health care provider license, please attach a copy of the screening results and submit with the licensure application.
Employee/Contractor Name:
Health Care Provider/ Employer Name:
Address of Health Care Provider:
You must attest to meeting the requirements for employment and you may not have been arrested for and awaiting final disposition of, have been found guilty of, regardless of adjudication, or have entered a plea of nolo contendere (no contest) or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under ANY of the following provisions of state law or similar law of another jurisdiction:
Criminal offenses found in section 435.04, F.S.
(a)Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(b)Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(c)Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(d)Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(e) Section 782.04, relating to murder.
(g)Section 782.071, relating to vehicular homicide
(h)Section 782.09, relating to killing of an unborn child by injury to the mother.
(i)Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.
(j)Section 784.011, relating to assault, if the victim of the offense was a minor.
(k)Section 784.03, relating to battery, if the victim of the offense was a minor.
(l)Section 787.01, relating to kidnapping.
AHCA Form # 3100-0008, January 2017
Rule 59A-35.090, F.A.C
Page 1 of 4
Form available at: http://ahca.myflorida.com/BackgroundScreening
(m) Section 787.02, relating to false imprisonment.
(n)Section 787.025, relating to luring or enticing a child.
(o)Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.
(p)Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.
(q)Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.
(r)Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.
(s)Section 794.011, relating to sexual battery.
(t)Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.
(u)Section 794.05, relating to unlawful sexual activity with certain minors.
(v)Chapter 796, relating to prostitution.
(w)Section 798.02, relating to lewd and lascivious behavior.
(x)Chapter 800, relating to lewdness and indecent exposure.
(y)Section 806.01, relating to arson.
(z)Section 810.02, relating to burglary.
(aa)Section 810.14, relating to voyeurism, if the offense is a felony.
(bb)Section 810.145, relating to video voyeurism, if the offense is a felony.
(cc)Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.
(dd)Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(ee)Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(ff)Section 825.1025, relating to lewd or lascivious
offenses committed upon or in the presence of an elderly person or disabled adult.
(gg)Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.
(hh)Section 826.04, relating to incest.
(ii)Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child
(jj)Section 827.04, relating to contributing to the delinquency or dependency of a child.
(kk)Former s. 827.05, relating to negligent treatment of children.
(ll)Section 827.071, relating to sexual performance by a child.
(mm)Section 843.01, relating to resisting arrest with violence.
(nn)Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.
(oo)Section 843.12, relating to aiding in an escape.
(pp)Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.
(qq)Chapter 847, relating to obscene literature.
(rr)Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.
(ss)Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.
(tt)Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(uu)Section 944.35(3), relating to inflicting cruel or
inhuman treatment on an inmate resulting in great bodily harm.
(vv)Section 944.40, relating to escape.
(ww)Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
(xx)Section 944.47, relating to introduction of contraband into a correctional facility.
(yy)Section 985.701, relating to sexual misconduct in juvenile justice programs.
(zz)Section 985.711, relating to contraband introduced into detention facilities.
(3)The security background investigations under this
section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.
Page 2 of 4
Criminal offenses found in section 408.809(4), F.S.
(a)Any authorizing statutes, if the offense was a felony.
(b)This chapter, if the offense was a felony.
(c)Section 409.920, relating to Medicaid provider fraud.
(d)Section 409.9201, relating to Medicaid fraud.
(e)Section 741.28, relating to domestic violence.
(f)Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(g)Section 817.034, relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems.
(h)Section 817.234, relating to false and fraudulent insurance claims.
(i)Section 817.481, relating to obtaining goods by using a false or expired credit card or other credit device, if the offense was a felony.
(j)Section 817.50, relating to fraudulently obtaining goods or services from a health care provider.
(k)Section 817.505, relating to patient brokering.
(l)Section 817.568, relating to criminal use of personal identification information.
(m)Section 817.60, relating to obtaining a credit card through fraudulent means.
(n)Section 817.61, relating to fraudulent use of credit cards, if the offense was a felony.
(o)Section 831.01, relating to forgery.
(p)Section 831.02, relating to uttering forged instruments.
(q)Section 831.07, relating to forging bank bills, checks, drafts, or promissory notes.
(r)Section 831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes.
(s)Section 831.30, relating to fraud in obtaining medicinal drugs.
(t)Section 831.31, relating to the sale, manufacture,
delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony
(u)Section 895.03, relating to racketeering and collection of unlawful debts.
(v)Section 896.101, relating to the Florida Money Laundering Act.
I have been granted an Exemption from Disqualification through the Agency for Healthcare Administration (AHCA).
DATE OF DECISION:
I have been granted an Exemption from Disqualification through the Florida Department of Health.
**A copy of the Exemption from Disqualification decision letter must be attached**
If you are also using this form to provide evidence of prior Level 2 screening (fingerprinting) in the last 5 years and have not been unemployed for more than 90 days, please provide the following information. A copy of the prior screening results must be attached.
Purpose of Prior Screening:
Screening conducted by:
Date of Prior Screening:
Agency for Healthcare Administration
Department of Elder Affairs
Department of Health
Department of Financial Services
Agency for Persons with Disabilities
Department of Children and Families
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Attestation
Under penalty of perjury, I,, hereby swear or affirm that I meet the
requirements for qualifying for employment in regards to the background screening standards set forth in Chapter 435 and section 408.809, F.S. In addition, I agree to immediately inform my employer if arrested or convicted of any of the disqualifying offenses while employed by any health care provider licensed pursuant to Chapter 408, Part II F.S.
Employee/Contractor Signature
Title
Date
Page 4 of 4
Before filling out the AHCA 3100 0008 form, it's important to gather all the required information to ensure the process is smooth and accurate. This form is crucial for employees needing to demonstrate their compliance with the background screening requirements as outlined by specific Florida statutes. By completing this form, you're not only adhering to legal standards but also ensuring the safety and trust within the healthcare environment. Following a step-by-step approach will help avoid any potential issues or delays in your employment process.
Once the AHCA 3100 0008 form is filled out, it must be maintained in the employee’s personnel file. If used as part of a licensure application for a health care provider, ensure a copy of the screening results is attached and submitted along with the application. Following these steps diligently will help facilitate a smoother process for complying with the necessary background screening requirements.
What is the purpose of the AHCA 3100 0008 form?
The AHCA 3100 0008 form serves a critical function in the healthcare sector by allowing employees to attest to their compliance with background screening requirements mandated by Florida law. This form is used to affirm, under penalty of perjury, that the individual has not been arrested or found guilty of disqualifying offenses that would preclude them from employment in healthcare settings. It also facilitates the sharing of previous Level 2 screening results, ensuring individuals remain eligible for employment without the need for redundant screening, provided they have undergone such screening within the last five years and have not been unemployed for more than 90 days. This form is a requisite for maintaining transparent, compliant employment practices within health care facilities.
Who needs to complete the AHCA 3100 0008 form?
All employees required to undergo Level 2 background screening under Florida Statutes section 435.05(2) must complete the AHCA 3100 0008 form. This includes individuals seeking employment opportunities within various health care providers licensed by the state of Florida. Furthermore, applicants for certain health care provider licenses who operate as administrators or chief financial officers must also fill out and submit this form as part of their licensure application, accompanied by proof of their background screening.
What are the specific offenses that disqualify an individual from employment in healthcare settings according to the AHCA 3100 0008 form?
The form outlines an extensive list of disqualifying offenses that, if an individual is arrested for, found guilty of (regardless of adjudication), or has entered a plea of no contest or guilty to, would disqualify them from employment within healthcare settings. These offenses include, but are not limited to, sexual misconduct, abuse, neglect, exploitation of elderly persons or disabled adults, murder, assault and battery if the victim was a minor, kidnapping, arson, burglary, theft if the offense was a felony, drug abuse prevention and control violations involving minors, and a series of crimes relating to fraud, forgery, and exploitation. Importantly, the list also covers any offense that constitutes domestic violence. It is detailed to ensure that health care providers employ individuals who uphold the highest standards of integrity and comply with the safety demands of their positions.
What steps should be taken if one has been granted an Exemption from Disqualification?
Individuals who have been granted an Exemption from Disqualification through the Agency for Healthcare Administration (AHCA) or the Florida Department of Health must indicate this on the AHCA 3100 0008 form by checking the appropriate box and including the date of the decision. It is crucial to attach a copy of the Exemption from Disqualification decision letter when submitting the form. This documentation is necessary to verify the exemption status and ensure the employee or prospective employee meets the employment requirements in the healthcare sector, despite any prior disqualifications based on the background screening. This step is a vital part of the compliance process, enabling those with exemptions to participate fully in their professional roles.
Completing the AHCA 3100 0008 form, which is crucial for compliance with background screening requirements in certain employment scenarios in Florida, often involves mistakes that can complicate or delay the hiring process. One common error is the failure to fully read and understand the dense legal and contractual obligations detailed in the form. This form necessitates a detailed review to ensure accurate compliance with background screening mandates outlined by the state.
Frequently, applicants do not provide complete information regarding previous screenings. The form requests detailed history about prior Level 2 screenings—if, when, and by which department they were conducted. Omitting dates, agencies, or purposes of previous screenings can result in non-compliance, affecting the applicant's employment eligibility.
Another oversight occurs when individuals mistakenly believe they don’t need to disclose certain past criminal activities. It is imperative to accurately report all instances, irrespective of their nature or the jurisdiction in which they occurred, that could disqualify one from employment under Florida law. Failing to do so under the attestation clause might lead to legal repercussions, including charges of perjury.
Applicants sometimes neglect to attach a copy of the Exemption from Disqualification, if applicable. This document is critical for those who have been granted an exemption, as it provides the necessary proof of eligibility for employment despite past disqualifications. Without this attachment, the application can be deemed incomplete.
Incorrectly assuming no need to inform employers of arrests or convictions after employment begins is a significant error. The form explicitly requires ongoing disclosure of any disqualifying offenses while employed. This condition is often overlooked, leading to potential dismissal or legal action if new offenses are discovered.
Forgetting to sign and date the attestation section is a surprisingly common mistake. This action is a legal affirmation of the truthfulness and completeness of the information provided. Without a signature, the form lacks verification and cannot be processed, rendering the application void.
Not updating personal information or forgetting to provide updates to the employer or the Agency for Health Care Administration (AHCA) can cause issues. Continuous accuracy in reporting is necessary to maintain compliance with background screening requirements.
Underestimating the importance of the deadline for submission is another oversight. Timely submission is crucial to ensure the processing of the form in alignment with employment start dates or licensing renewals. Delayed submissions can halt employment or operational authorizations.
Lack of familiarity with the forms and regulations cited in the document often leads to errors. Applicants might be unaware of the full scope of laws and statutes mentioned, thereby not realizing the comprehensive nature of the background checks. It's important to research or seek clarification on these references to fully understand the attestation being made.
Lastly, not keeping a copy of the submitted document for personal records is a mistake. Retaining a copy is essential for future reference, especially if disputes or questions arise about the attestation or the accuracy of the information provided.
When working with the AHCA 3100-0008 form, one typically encounters additional documents necessary to ensure compliance and thorough background screening processes. These documents play crucial roles in various aspects, from verification of personal information to confirming eligibility and previous clearances. Understanding each document and its purpose helps streamline the process, ensuring that all prerequisites for employment in healthcare settings are met efficiently and accurately.
Together, these documents and the AHCA 3100-0008 form create a comprehensive toolkit for ensuring that individuals employed in healthcare settings meet the stringent background screening requirements set forth by AHCA. Ensuring that each document is correctly filled out and submitted as part of the background screening process is vital for maintaining compliance and upholding the safety standards intended to protect vulnerable populations in healthcare environments.
The AHCA 3100 0008 form, an attestation of compliance with background screening requirements, shares similarities with the FDLE VECHS Waiver Agreement and Statement Form. Both forms are utilized to ensure individuals working in sensitive positions have undergone rigorous background checks. The FDLE form is specifically designed for entities eligible for the Volunteer and Employee Criminal History System operated by the Florida Department of Law Enforcement. It mandates individuals undergo state and national criminal history checks, akin to the Level 2 screening required by the AHCA form, ensuring the safety and well-being of vulnerable populations.
Another document akin to the AHCA 3100 0008 form is the Department of Children and Families (DCF) Affidavit of Good Moral Character. This affidavit is required for candidates seeking positions within agencies serving children, the elderly, and disabled individuals. It requires the applicant to attest to their moral standing and absence of a disqualifying criminal history, paralleling the AHCA form's attestation to eligibility for employment based on criminal background standards and the commitment to report any subsequent arrests.
Similar to the AHCA 3100 0008, the Agency for Health Care Administration (AHCA) Exemption from Disqualification Request form serves individuals seeking exemption from employment disqualification due to past criminal offenses. Both documents play pivotal roles in the employment vetting process within healthcare settings, ensuring those with criminal backgrounds that could compromise patient safety are carefully scrutinized, while also providing a pathway for potential exemptions based on individual assessments.
The Department of Elder Affairs Comprehensive Background Screening Clearance form closely resembles the AHCA 3100 0008 form in its function and intent. It's specifically tailored for personnel working with elderly populations, requiring a comprehensive background check to protect this vulnerable group. Like the AHCA form, it emphasizes the importance of ongoing compliance with background screening protocols and mandates immediate reporting if an employee faces criminal charges post-employment.
The Florida Medicaid Provider Enrollment Application is another document similar to the AHCA 3100 0008 form, especially in its background screening requirements for providers. This application includes stringent checks to prevent fraud and ensure that providers have not committed Medicaid fraud or other disqualifying offenses, mirroring the AHCA form's requirement for Level 2 background screenings for healthcare workers.
Comparable to the AHCA 3100 0008 form, the Florida Department of Health (DOH) Background Screening form is utilized by healthcare professionals and includes a comprehensive background check. This form ensures that applicants do not have a history of criminal behavior that would disqualify them from practicing within the healthcare field, closely aligning with the AHCA form's prerequisites for employment within healthcare settings involving vulnerable populations.
The Level 2 Background Screening Florida Model for Nurse Aide Candidates shares resemblances with the AHCA 3100 0008 form. This model mandates a thorough background check for individuals seeking certification as nurse aides, ensuring they meet the high standards required for employment. It protects patients by preventing individuals with disqualifying offenses from attaining certification, paralleling the AHCA form's prevention of employing individuals with certain criminal backgrounds in healthcare settings.
The Florida Department of Juvenile Justice (DJJ) Volunteer and Contractor Affidavit of Good Moral Character similarly requires volunteers and contractors to disclose any criminal history and attest to their character. This affidavit is geared toward protecting youth in the juvenile justice system by ensuring that those in contact with this vulnerable group do not have disqualifying criminal backgrounds, akin to the safeguards the AHCA 3100 0008 form intends to establish in healthcare environments.
Lastly, the Child Care Attestation of Good Moral Character form shares purposes with the AHCA 3100 0008 form in the context of child care settings. This document requires child care providers to attest to not having been convicted of disqualifying offenses, ensuring a safe environment for children. This parallels the AHCA form's broader objective of securing safe and compliant healthcare and related settings through rigorous background screening processes.
When completing the AHCA 3100-0008 form, accuracy is paramount. This document is crucial for employees in ensuring compliance with Florida's background screening requirements. To assist with this process, here is a list of recommended dos and don'ts:
Attentively following these guidelines will help ensure that your AHCA 3100-0008 form is correctly filled out, submitted, and processed promptly, facilitating compliance with Florida's employment and background screening requirements.
When it comes to the AHCA 3100-0008 form, there are several misconceptions that can lead to confusion and missteps. Below are five common misunderstandings, clarified for a better comprehension of the form's requirements and implications.
Misconception 1: The form is only for new employees. Many believe the AHCA 3100-0008 form is solely for new hires. However, it's also necessary for existing employees to complete the form if they are required to undergo Level 2 background screening updates. This ensures ongoing compliance with state regulations.
Misconception 2: Only health care providers need to complete it. While primarily used in health care settings, the form is not exclusive to health care providers. Contractors and employees in various sectors that interact with vulnerable populations must also attest to their compliance with background screening requirements.
Misconception 3: If you've passed a background check once, you don't need to worry about it again. Even after passing a Level 2 background check, individuals must inform their employer of any arrests or convictions for disqualifying offenses that occur while employed. Continuous compliance is mandatory, not a one-time verification.
Misconception 4: Only Florida-based convictions matter. It's incorrect to assume that only convictions in the state of Florida are relevant. The form clearly states that disqualifying offenses include those committed in any jurisdiction, not just Florida, reflecting the nationwide reach of the background checks.
Misconception 5: The form is the only step required for compliance. Completing the AHCA 3100-0008 form is a critical step, but it's part of a broader process. Individuals must also undergo fingerprinting and a background check every five years, or as otherwise required, to ensure their eligibility does not lapse. Employers must maintain these records to demonstrate compliance actively.
Understanding these key points about the AHCA 3100-0008 form helps individuals and employers navigate compliance with Florida's background screening requirements more efficiently. Remember, accuracy, and diligence in completing and updating this documentation ensures safety and compliance in environments that serve the state's most vulnerable populations.
The AHCA 3100-0008 form is a critical document required for employees and contractors in the healthcare sector in Florida, ensuring that personnel meet rigorous background screening standards for the safety of patients and compliance with state regulations. Understanding the key elements of completing and utilizing this form is vital for maintaining adherence to statutory requirements and supporting a safe healthcare environment. Below are six key takeaways about filling out and using this form effectively.
By adhering to the detailed requirements of the AHCA 3100-0008 form, healthcare providers and their employees or contractors ensure compliance with Florida’s stringent background screening mandates, fostering a secure environment for both care providers and recipients. This process not only aligns with legal stipulations but also exemplifies commitment to maintaining the highest standards of safety and integrity within the healthcare industry.
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