What Kinds of Background Checks Are Required by Florida Nursing Homes?

At MattLaw, we understand how frightening it can be to place a loved one in the care of a nursing home. You want to make sure they’re safe and well-taken care of. That’s why it’s so important to understand what kind of background checks Florida requires nursing homes to conduct on their employees. Think of it this way – you wouldn’t hire someone without checking their references, would you? The same should go for the people who care for our most vulnerable loved ones.

Florida has some strict rules about who can work in a nursing home. The state wants to make sure residents are safe from abuse, neglect, or exploitation. That’s why the law requires nursing homes to perform thorough background checks on all their employees, including:

• All employees must undergo fingerprinting, which is checked against state and national criminal databases. This helps identify anyone with a criminal history, including felonies and misdemeanors.
• Certain positions within a nursing home require more extensive background checks. For example, anyone who directly cares for residents, like nurses and certified nursing assistants (CNAs), may need additional screenings.

The Florida AHCA Background Screening Unit:

…reviews the Level 2 criminal history results for all background screenings submitted as part of the employment process for a health care provider and/or for participation as a provider in the Florida Medicaid program. All screenings that are received for employment purposes in an AHCA-regulated facility are reviewed in accordance with Chapter 435 and Section 408.809(4), Florida Statutes, and Rule 59A-35.090 and any screenings done for Medicaid are reviewed in accordance with Chapter 435, section 408.809(4) Florida Statutes, and Rule 59A-35.090 in order to make an eligibility determination.

What happens when a nursing home fails to conduct proper background checks?

If a nursing home fails to conduct proper background checks and hires someone with a history of abuse or neglect, they can face serious consequences, including:

• The state can impose fines on nursing homes that violate these regulations.
• In severe cases, the state can revoke a nursing home’s operating license, forcing it to close its
• Families of victims can file lawsuits against the nursing home for negligence or wrongful death. The attorneys at MattLaw can help.

How can I protect my loved one in a Tampa nursing home?

You can take the following steps as a family member to ensure your loved one’s safety.

• Ask questions. When choosing a nursing home, ask about their hiring practices, background check procedures, and how often they conduct employee screenings.
• Take the time to visit the facility and observe the staff. Do they seem kind, compassionate, and attentive to the residents?
• If you suspect any form of abuse or neglect, report it immediately to the appropriate authorities. You can contact the Florida Agency for Health Care Administration (AHC) or your local adult protective services agency.

What are nursing homes looking for when they conduct a background check?

When a nursing home conducts a background check, they’re looking for anything that could pose a risk to the safety and well-being of its residents. Here are some common areas of investigation:

• Any criminal history, like violent crimes, abuse/neglect, financial crimes, or substance abuse.
• Verification of any required licenses (like for nurses and certified nursing assistants) and any disciplinary actions taken against these licenses.
• Verification of previous employment dates and job responsibilities, as well as references from previous employers.
• Verification of educational credentials and any relevant certifications.
• Driving records may be checked for individuals in positions that require driving, like transportation jobs.
• Depending on the position, other checks may include credit checks to assess financial responsibility, drug screenings to ensure a drug-free workplace, and the national sex offender registry to identify any individuals registered as sex offenders.

Why would a nursing home fail to conduct a proper background check?

Given the importance of doing a thorough background check, you might wonder why a nursing home would neglect to perform one. The answer is often money. People who have trouble finding employment – like those with convictions on their records – are often willing to work for less. Cheap labor means higher profits, although it may come at the expense of the health, safety, and well-being of nursing home patients.

Why do federal and state laws on background checks need to be stronger for nursing home residents?

Here’s why it’s so important to have strong federal and state laws on background checks. Nursing home residents are often elderly, frail, and physically or mentally compromised, making them highly susceptible to abuse, neglect, and exploitation.

Stronger background checks help to:

• Identify individuals with a history of violence, abuse, or neglect. This prevents individuals who might pose a risk to residents from being hired.
• Screen for individuals with a history of financial exploitation. This helps protect a resident’s assets and prevents them from being victims of theft or fraud.
• Ensure that individuals with disqualifying offenses are not employed, helping maintain a safe and secure environment for residents.

Further, by ensuring that only qualified and trustworthy individuals are employed in nursing homes, stronger background checks can help to improve the overall quality of care provided to residents. Stronger laws also increase accountability for nursing homes to conduct thorough background checks and ensure the safety of their residents.

Do you suspect your loved one is being abused or neglected in their Tampa nursing home? You are not alone. At MattLaw, our Tampa nursing home abuse and neglect lawyers want to help. Our dedicated and experienced attorneys are here to help you with your legal options. To schedule a consultation with one of our skilled lawyers, just call our offices or fill out our contact form.