Common use of Background Screening Requirement Clause in Contracts

Background Screening Requirement. All Insurer employees, Subcontractors, and agents performing work under the Contract must comply with all security and administrative requirements of FHKC. Insurer will conduct a criminal background screening of, or ensure that such a screening is conducted for, each employee, Subcontractor personnel, independent contractor, leased employee, volunteer, licensee, or any other person (hereinafter referred to as “Person” or “Persons”) who has Access to the PHI, PII, or financial information of an Enrollee or Applicant. Insurer shall perform, or ensure performance of, a criminal background screening comparable to a level 2 background screening as described in section 435.04, Florida Statutes, for all Persons, regardless of whether a background screening is required by law; however, for non- emergency transportation provider drivers, Insurer shall perform, or ensure performance of, a criminal background screening comparable to a level 1 background screening, as approved by AHCA for Florida Medicaid non-emergency transportation providers. The minimum background screening process shall include a check of the following databases through a law enforcement agency or a professional background screener accredited by the National Association of Professional Background Screeners or a comparable standard: (a) Social Security Number Trace; and (b) Criminal Records (federal, state, and county criminal felony and misdemeanor, national criminal database for all states which make such data available). Unless an exemption is granted by FHKC in writing, Insurer shall not allow any Person to have Access to such PHI, PII, or financial information if the Person’s background screening reveals any of the following: a. Any offense described in section 435.04(2) and (3), Florida Statutes; b. Any offense relating to the criminal use of PII as described in chapter 817, Florida Statutes; c. Any offense described in sections 812.0195, 815.04, or 815.08, Florida Statutes; or d. Any offense that was subject to criminal penalties for the misuse of PHI under 42 U.S.C. § 1320d-5. The look-back period for such background screenings shall be for a minimum of ten (10) years where ten (10) years of historical information is available. Insurer warrants that all Persons will have passed the background screening described herein before they have Access to PHI, PII, or financial information, and all Persons will undergo a background screening every five (5) years thereafter. Insurer shall maintain documentation of all background screening records pursuant to section 10 Record Retention. Insurer shall develop policies and procedures related to the background screening requirement, including a procedure to grant an exemption from disqualification for disqualifying offenses revealed by background screening, as described in section 435.07, Florida Statutes. Insurer must submit such policies and procedures to FHKC for approval by the date required in the approved implementation plan. Insurer is responsible for all costs and expenses in obtaining and maintaining the criminal background screening information for each Person described above. Insurer shall maintain documentation of the background screening, and FHKC may review any Person’s background screening file upon request. Insurer shall abide by all applicable laws, rules, and regulations including the Fair Credit Reporting Act and equal opportunity laws, rules, regulations, or ordinances. Insurer shall be liable for Financial Consequences in the amount of one thousand dollars ($1,000) per Person per month for each month in which Insurer failed to timely complete the background screening for such Person(s). Financial Consequences also apply to Subcontractors in the same manner. Insurer shall provide an annual attestation of compliance with this section.