Home Health Care: Criminal Background Checks (Expanded Requirements for Employers)
On July 1st, 2026, Florida HB 1069 (SB1168) will officially take effect. The legislation has implications for employment law. It expands the state’s criminal background check requirements for home health care industry employers. In this article, you will find a more comprehensive overview of the new background check requirements for employers in Florida.
Florida Home Health Employers: HB 1069 is an Expansion of Compliance Requirements
Florida home health agencies already operate in a heavily regulated hiring environment. Under Florida law, Level 2 background screening is required for covered owners, administrators, financial officers, controlling interests, employees, and certain contractors who provide direct care, have access to client funds or property, or enter client living areas. HB 1069 further tightens the state’s background screening infrastructure by expanding the role of the Care Provider Background Screening Clearinghouse and clarifying access to sealed and expunged criminal history information.
Screening Must Be Managed Through the Clearinghouse
For home health employers, the practical issue is not merely whether a background check is required. It is how the screening is initiated, documented, monitored, and maintained. AHCA explains that required workers must be screened and found eligible before being hired into a position requiring Level 2 screening, though a person may participate in training and orientation before completion if the person has no direct contact with vulnerable persons. If you have any questions about screening procedures under the expanded regulations for home health employers, an experienced Florida employment law attorney can help.
Sealed and Expunged Records Now Matter More
One of the most legally significant changes is the treatment of sealed and expunged records. HB 1069 prohibits a screened person from denying or failing to acknowledge arrests covered by sealed or expunged records when screened through the Clearinghouse by a qualified entity. The bill also requires FDLE to disclose sealed records, or the existence of expunged records, for employment, licensure, and access authorization purposes in this context. In other words, the bill expands the type of criminal history that is relevant for background check procedures for home health care industry employers.
Employers Should Update Hiring and Roster Procedures
Home health agencies should update onboarding checklists, contractor review procedures, personnel file protocols, and roster management practices before July 1st, 2026. AHCA states that providers must update rosters within 10 business days of employment changes. Employers should also build procedures for delayed screenings, exemption requests, disqualification notices, and immediate removal from client contact if an employee or contractor is arrested for a disqualifying offense. Florida law requires removal from vulnerable-person contact until the arrest is resolved in a way that supports continued eligibility. For employers in Florida, a proactive approach to compliance is a must. An experienced Florida employment law attorney can help.
Get Help From a Florida Employment Lawyer
Employment regulations can be complicated for home health care industry businesses and organizations. If you have any specific questions or concerns about a legal compliance matter, an experienced Florida employment lawyer can help.
