A recent 10 Tampa Bay investigative report uncovered alarming gaps in Florida’s laws regulating independent caregivers, bringing attention to the risks of hiring caregivers who are not affiliated with licensed home health agencies. Executive Director of the Home Care Association of Florida (HCAF), Denise Bellville, participated in the report to raise awareness about these consumer safety concerns and advocate for stronger protections.

The investigation highlighted a troubling case involving a caregiver with a history of criminal behavior, including theft and forgery, who was hired to care for a terminally ill patient. Without state requirements for Level 2 background screening or reference checks, independent caregivers can enter the homes of vulnerable Floridians without adequate vetting — placing patients and families at significant risk.

“Florida law does not require independent caregivers to undergo the same rigorous background checks or licensing as those employed by home health agencies,” Bellville explained. “Families hiring independent caregivers often don’t realize they are taking on the responsibilities of an employer, including conducting background checks and reference verifications. It can be daunting and overwhelming.”

Unlike licensed home health agencies, which must adhere to strict regulations, independent caregivers operate without oversight, leaving families vulnerable to unvetted individuals. Licensed agencies are required by the Agency for Health Care Administration (AHCA) to perform Level 2 background screenings and maintain compliance with comprehensive regulatory standards. These safeguards ensure a higher level of accountability and safety for clients.

The investigation further emphasized the need for consumer education and legislative action to close the regulatory gaps. Bellville’s participation underscores HCAF’s commitment to protecting patients and supporting policies that enhance the quality and safety of home care services in Florida.

Best Practices for Hiring Caregivers

To avoid risks, HCAF encourages families to work with licensed home health agencies that prioritize accountability and patient safety. If hiring an independent caregiver, families should:

• Conduct a Level 2 background check.
• Verify professional references.
• Ensure the caregiver has adequate training and qualifications.

For more information on hiring caregivers and protecting your loved ones, visit HCAF’s Consumer Resources webpage.