An Act To Require a Background Check for High-risk Health Care Providers under the MaineCare Program
Maine Legislature, Session 130, LD 0121
Committee: Health and Human Services
Sponsors: CLAXTON
Amends: 22 MRSA §5307, 25 MRSA §1542-A

Legislative Document
No. 121
S.P. 51
In Senate, January 21, 2021
An Act To Require a Background Check for High-risk Health Care 
Providers under the MaineCare Program
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Received by the Secretary of the Senate on January 19, 2021.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §5307 is enacted to read:
§5307.  Background check for high-risk provider applicants under the MaineCare 
program
1.  Definition. As used in this section, unless the context otherwise indicates, "State 
Police" means the Department of Public Safety, Bureau of State Police. 
2.  Background check.  The department shall request a background check for 
MaineCare provider applicants who are high-risk providers or in high-risk provider 
categories as those terms are defined by department rule. The background check must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System and the Federal Bureau of Investigation.
A.  The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record information 
as defined in Title 16, section 703, subsection 8.
B.  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information.
C.  A provider applicant shall submit to having fingerprints taken.  The State Police, 
upon payment by the provider applicant, shall take or cause to be taken the applicant's 
fingerprints and shall forward the fingerprints to the State Bureau of Identification so 
that bureau can conduct state and national criminal history record checks.  Except for 
the portion of the payment, if any, that constitutes the processing fee charged by the 
Federal Bureau of Investigation, all money received by the State Police for purposes 
of this paragraph must be paid over to the Treasurer of State.  The money must be 
applied to the expenses of administration incurred by the Department of Public Safety.
D.  The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33.  The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and national criminal history record information of a provider applicant may 
be used by the department for the purpose of screening that provider applicant.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
background checks received by the department are for official use only and may not be 
disseminated to any other person or entity.  
G.  An individual whose enrollment as a MaineCare provider has expired and who has 
not applied for renewal may request in writing that the State Bureau of Identification 
remove the individual's fingerprints from the bureau's fingerprint file.  In response to a 
written request, the bureau shall remove the individual's fingerprints from the 
fingerprint file and provide written confirmation of that removal.  
3.  Rules.  The department, following consultation with the State Bureau of 
Identification, shall adopt rules to implement this section.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  25 MRSA §1542-A, sub-§1, ¶V is enacted to read:
V.  Who is required to have a criminal history record check under Title 22, section 
5307.
Sec. 3.  25 MRSA §1542-A, sub-§3, ¶U is enacted to read:
U.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph V at the request of that person or the Department of Health 
and Human Services pursuant to Title 22, section 5307.
SUMMARY
This bill requires MaineCare provider applicants who are high-risk providers or who 
are in high-risk provider categories to undergo criminal history background checks.