Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 60 - Maine Background Check Center Rule › Section 144-60-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
Comprehensive background check report
means a
				  comprehensive report generated by the Maine Background Check Center or an
				  alternate vendor based on a search and analysis of the State Bureau of
				  Identification (SBI) Criminal History Record Information and may include other
				  databases as applicable to the employer and the direct access worker's
				  position, such as:
The Federal Bureau of Investigation;
The National Sex Offender Public Website;
The Maine Sex Offender Registry;
Maine Child Protective Services records;
The Maine Registry of Certified Nursing Assistants and Direct
				  Care Workers;
The Federal Office of the Inspector General's exclusion list;
The MaineCare exclusion list; and
Other applicable registries and professional licensing
				  records.
The comprehensive background check report informs an employer
				  when an offense appears in an individual's record that may disqualify the
				  individual from employment as a direct access worker.
Conditional employment
means a period of
				  employment, not to exceed 60 contiguous calendar days, during which adirect
				  access worker or grandfathered employee may seek to correct an error on a
				  comprehensive background check report generated by the MBCC, or an employer may
				  request a waiver of a disqualifying offense. Interruptions inemployment for
				  legally required leave such as Family Medical Leave or a layoff in workforce
				  are not included in the 60 calendar day period.
Department
means the Department of Health and
				  Human Services.
Direct Access
means access to the property,
				  personally identifiable information, financial information and resources of an
				  individual or physical access to an individual who is a Medicare or Medicaid
				  beneficiary or other protected individual served by a provider subject to this
				  rule.
Direct access employment
means any activity
				  involving direct access services including employment for wages, contracting
				  for temporary staff or use of unsupervised volunteers or students who perform
				  functions similar to those performed by direct access workers.
Direct access worker
means an individual who by
				  virtue of employment has direct access to a Medicare or Medicaid beneficiary or
				  other protected individual served by a provider subject to this rule. "Direct
				  access worker" does not include an individual performing repairs, deliveries,
				  installations or similar services who does not have direct access without
				  supervision. "Direct access worker" includes but is not limited to the
				  following individuals:
A. An individual seeking employment as a direct access
				  worker;
B. An employee who is employed upon the effective date of
				  this rule and who is required to have a background check in accordance with
				  this rule;
C. A former employee who consents, prior to leaving
				  employment, to periodic review of that employee's criminal background for a
				  fixed time;
D. An independent contractor pursuant to Title 26, section
				  1043, subsection 11, paragraph E or Title 39-A, section 102, subsection 13-A or
				  a worker who is placed with a provider by a temporary nurse agency or a
				  personal care agency or a placement agency registered pursuant to section 1717;
				  and
E. A volunteer, student, or other person with direct access
				  who routinely performs unsupervised functions similar to those performed by a
				  direct access worker for a provider.
Direct personal supervision
means that the
				  supervisor has immediate access to the conditionally employed individual with
				  ability to promptly respond to an emergency situation, for the purpose of
				  conditional employment.
Employer
means a person or other legal entity
				  that employs or places a direct access worker or otherwise provides direct
				  access services. "Employer" includes a provider, a temporary nurse agency, a
				  personal care agency and a placement agency.
Maine Background Check Center (MBCC)
means the
				  Internet-based system established and maintained by the Department in
				  accordance with
				  22 M.R.S.
				  §9054, used by employers to request
				  background checks on potential or current direct access workers to determine
				  the eligibility of individuals to work in direct access positions with
				  vulnerable Mainers including children, elderly persons, dependent adults and
				  persons with disabilities.
Person
means any individual, partnership,
				  association, organization, corporation, trust, or other entity.
Personally identifiable information
means
				  information that permits the identity of an individual to whom the information
				  applies to be able to be reasonably inferred or known by either direct or
				  indirect means.
Protected individual
means a person who is in
				  need of support, who is vulnerable to abuse, neglect and exploitation and who
				  receives services offered by providers subject to this rule. A protected
				  individual requires special protective measures by criminal justice, social
				  services and health care agencies; may be a patient, consumer, beneficiary or
				  resident; and is typically elderly, a child or an individual with disabilities
				  in need of assistance.
Provider
means a licensed, certified or
				  registered entity that employs direct care workers to provide long-term care,
				  child care and in-home and community-based services under this rule.
Rap Back Monitoring
means automatically and
				  constantly monitoring an individual's Record of Arrest and Prosecution (RAP)
				  and reporting new results to the MBCC.
Substantial non-compliance
means failure to
				  comply with the administrative and record-keeping requirements outlined in this
				  rule.
Quick Check
means a no-cost check of publically
				  accessible registries performed by a prospective employer using the direct
				  access worker's first and last names only.
User fee
means the fee charged to an employer
				  for each background check.