Exemption from Disqualification
The Florida Department of Health reviews applications and makes decisions for licensed and certified health care professionals while that health care professional is working in the scope of their license or certification.
If you received a letter from the Agency for Healthcare Administration (“AHCA”) that it uncovered a criminal offense that disqualifies you from working for a health care provider. AHCA uncovers the existence of these criminal offenses during the background screening process required as part of the employment process for a health care provider or for Medicaid provider participants.
Those seeking enrollment as a provider in the Florida Medicaid program include clinical staff and administrators.
Florida Statute Section 435.07 explains the process for being granted an exemption from the disqualification so that they are eligible for employment in a health care setting. When applying for the exemption from disqualification, the standard of proof is “clear and convincing evidence” that an exemption from disqualification should be granted.
Attorneys for Filing Exemptions from Disqualification in Florida
Although you do not need an attorney to file for an exemption from disqualification, experience matters.
When applying for the exemption from disqualification, the standard of proof is “clear and convincing evidence” that an exemption from disqualification should be granted.
The Exemption Form Instructions contain a list of the relevant documents to be provided. For instance, you must provide documentation of rehabilitation which includes awards or special recognition received, proof of participation in community activities, training certificates, educational, or successful completion of a court-ordered treatment or counseling program.
An attorney can help you gather and present the relevant documents.
Requirements for an Exemption from Disqualification
To be eligible to apply for an exemption from disqualification, the following requirements must be met:
- The applicant has paid the court-ordered amount in full for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor;
- The applicant for the exemption has completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all misdemeanors prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions; and
- At least 3 years have elapsed since the applicant for exemption has completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all disqualifying felonies;
Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification.
How to Apply for an Exemption from Disqualification – Visit the Florida Agency for Health Care Administration to find the Exemption Application Form (584KB PDF) and Frequently Asked Questions (FAQs)(258KB PDF) about the process.
This article was last updated on Tuesday, July 13, 2021.