10- 144 C.M.R. ch. 60, § 1
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.
10- 144 C.M.R. ch. 60, § 1