{"ref":"FL-HC-HR-07","title":"Contracted Staff, Employee Leasing, and Staffing Services","category":"Human resources","summary":"Keeps the Agency fully responsible for services given by leased employees and contractors: written agreements, the same screening, qualification, training and supervision as employees, at least one service provided directly, and a ban on the referral-linked staffing payments and free staffing that Florida law penalizes; sets the rules for staffing services to facilities.","inShort":["Contracted and leased staff follow the same rules as employees: background check, training, supervision and records.","No one works with clients without a signed contract and an eligible background check.","We never give free staff to an assisted living facility or anyone else in return for referrals.","Report any offer of a referral in exchange for staff, money or favors to the Administrator."],"primaryCitation":"s. 400.462(10), F.S.","citations":["s. 400.462(10), (33), F.S.","Rule 59A-8.002(10), F.A.C.","Rule 59A-8.008(4), F.A.C.","Rule 59A-8.0095(1)(a)2, F.A.C.","s. 400.476(4), F.S.","s. 400.474(2)(e), (6)(a)-(d), F.S.","s. 400.518(4), F.S.","s. 400.509(4), F.S.","s. 408.809(1)(e), F.S.","s. 448.095(2)(f), F.S.","Rule 59A-8.025(9), F.A.C."],"federalCitations":["45 CFR §164.502(e)","45 CFR §164.504(e)"],"surveyorAsks":["Which of your services are provided by contracted staff, and where are the contracts?","Show me the screening and training records for this contractor."],"forms":[{"ref":"FL-HC-HR-07-A","title":"Contract and Staffing Arrangement Checklist"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (s. 400.462(10), F.S.)","5. Employee Leasing and Management Companies","6. Individual Contractors","7. Direct Service Requirement","8. Staffing Services to Facilities","9. Prohibited Staffing Payments","10. Monitoring Contracts","11. Responsibilities","12. Records and Compliance Monitoring","13. Staff Training","14. References","15. Related Policies and Forms","16. Approval","17. Revision History"],"version":"1.0","sample":false,"pack":"fl-hca","state":"Florida","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}