As a patient or family member seeking home nursing care in Florida, you have important legal rights. Florida's AHCA regulations are designed to protect you — but only if you understand them. This article breaks down exactly what nurse registries can and cannot do under Florida law, and what rights you hold as a consumer of home care services.
The Legal Framework: Florida Statute § 400.506
Nurse registries in Florida operate under Florida Statute § 400.506 and Chapter 59A-18, Florida Administrative Code. These laws define the scope of what a nurse registry is permitted to do, what it is prohibited from doing, and what disclosures it must make to patients and families.
Understanding this framework helps you know exactly what to expect — and what to demand — when working with a nurse registry.
Your Rights as a Patient or Family Member
1. The Right to Be Informed of Independent Contractor Status
Under Florida law, a nurse registry is required to disclose to you — at the time of referral — that the caregiver they are referring is an independent contractor, not an employee of the registry. The registry may not monitor, supervise, manage, or train that caregiver.
This is critically important: it means the day-to-day quality of care, scheduling adjustments, and direct oversight are your responsibility — not the registry's. Make sure you receive this disclosure before any caregiver begins work.
✅ Your Right: You have the right to receive a written or verbal disclosure stating that the referred caregiver is an independent contractor and that the registry does not supervise their work.
2. The Right to a Credentialed, Background-Screened Caregiver
AHCA requires nurse registries to ensure that every caregiver they refer has:
- A valid, active Florida nursing license or certification (for licensed personnel)
- Passed a Level 2 background screening (FBI and FDLE fingerprint check)
- Met all state credentialing requirements for their role
You have the right to ask the registry to confirm that the caregiver referred to you meets all of these requirements. Any reputable, AHCA-licensed registry should be able to provide this assurance immediately.
3. The Right to Verify the Registry's AHCA License
Any nurse registry operating in Florida must be licensed by AHCA. You have the right — and we strongly encourage you — to verify that the registry you are using holds a current, valid AHCA license. You can do this directly on the AHCA website.
Working with an unlicensed registry is illegal and leaves you without the protections AHCA regulations provide.
4. The Right to a Physician Notification
For services that require physician oversight, the registry or caregiver must notify the patient's attending physician within 48 hours of the start of care. This ensures that your primary care team is aware of the home nursing services being provided.
5. The Right to File a Complaint
If you believe a nurse registry or a referred caregiver has violated Florida law or AHCA regulations, you have the right to file a formal complaint with AHCA. You cannot be penalized for doing so.
To file a complaint: Visit ahca.myflorida.com or call the AHCA complaint hotline. You may also contact the registry's own compliance officer.
What a Nurse Registry Cannot Do
Just as important as knowing your rights is understanding the legal limitations of nurse registries:
- ❌ A nurse registry cannot monitor, supervise, manage, or train referred caregivers
- ❌ A nurse registry cannot represent itself as a home health agency
- ❌ A nurse registry cannot refer caregivers to assisted living facilities without fair market compensation or in exchange for patient referrals
- ❌ A nurse registry cannot operate without a current, valid AHCA license
- ❌ A nurse registry cannot refer a caregiver who has not passed required background screening or licensure verification
- ❌ A nurse registry cannot withhold information about the independent contractor status of referred caregivers
Practical Tips for Protecting Yourself
- Always verify the registry's AHCA license number before agreeing to services
- Get the independent contractor disclosure in writing and keep it for your records
- Ask about the caregiver's background screening and credentials before they begin
- Set clear expectations with the caregiver directly, since the registry cannot manage them on your behalf
- Keep records of hours worked, services provided, and any concerns or incidents
- Know that you can end a caregiver arrangement at any time and request a different referral
How La Agency Protects You
At La Agency Nurse Registry, we believe informed clients make the best decisions. We are fully licensed by AHCA (NPI# 1649078999) and comply with all requirements of Florida Statute § 400.506. We provide the required independent contractor disclosure at the time of every referral and ensure that all referred caregivers are fully credentialed and background-screened before placement.
Our team is always available to answer your questions, address concerns, and ensure you feel confident in the caregiver referred to you.
Questions about your rights or our process? Contact us — we're transparent, compliant, and here to help.