1. New disqualifying offenses. A direct access worker‘s data must be searched and monitored for new events that may disqualify the individual from employment as a direct access worker.
A. The department shall establish procedures regarding the exchange of data among federal or state criminal justice agencies and the Background Check Center, including criminal offenses not reported in earlier background check reports that upon final disposition disqualify the individual from employment as a direct access worker. [PL 2015, c. 299, §25 (NEW).]
B. The department shall establish procedures to search and monitor applicable registries and databases for notations or new information not reported in earlier background check reports that prohibit or disqualify employment as a direct access worker. [PL 2015, c. 299, §25 (NEW).]

[PL 2015, c. 299, §25 (NEW).]

Terms Used In Maine Revised Statutes Title 22 Sec. 9056

  • Background check: means the collection of personally identifiable information, data and biometric identifiers for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 22 Sec. 9053
  • Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 22 Sec. 9053
  • Biometric identifier: means a unique and measurable biological, anatomical or physiological characteristic used for identification of an individual, including, but not limited to, fingerprints, retinal or iris scans and palm prints. See Maine Revised Statutes Title 22 Sec. 9053
  • Bureau: means the Department of Public Safety, State Bureau of Identification. See Maine Revised Statutes Title 22 Sec. 9053
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • 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 chapter. See Maine Revised Statutes Title 22 Sec. 9053
  • Direct access worker: includes but is not limited to the following individuals:
A. See Maine Revised Statutes Title 22 Sec. 9053
  • 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. See Maine Revised Statutes Title 22 Sec. 9053
  • Noncriminal justice submitting entity: means the agency responsible for initiating requests under the rap back monitoring program pursuant to federal implementation guidance documents. See Maine Revised Statutes Title 22 Sec. 9053
  • 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. See Maine Revised Statutes Title 22 Sec. 9053
  • Rap back monitoring program: means a coordinated system used by federal and state agencies to monitor and generate reports for new criminal record events appearing subsequent to an initial background check pursuant to section 9056. See Maine Revised Statutes Title 22 Sec. 9053
    • 2. Rap back monitoring program. The bureau is authorized to initiate and provide services pursuant to federal or state rap back monitoring to report new criminal record events to the Background Check Center for noncriminal justice purposes. The bureau is authorized as the State’s noncriminal justice submitting entity for federal rap back monitoring. Requests under the rap back monitoring program include the following procedures:
    A. The noncriminal justice submitting entity submits to an electronic repository biometric identifier data of a direct access worker; [PL 2023, c. 241, §71 (NEW).]
    B. The electronic repository retains the biometric identifier data for a period of time specified in the State’s subscription with the electronic repository; and [PL 2023, c. 241, §71 (NEW).]
    C. The electronic repository notifies the noncriminal justice submitting entity of any new criminal record events tied to the biometric identifier data that may disqualify an individual from continued employment as a direct access worker. [PL 2023, c. 241, §71 (NEW).]

    [PL 2023, c. 241, §71 (AMD).]

    3. Collection of identifier data. The bureau shall coordinate with the Background Check Center to collect the personally identifiable information and biometric identifier and relevant data of individuals as needed to meet the requirements of the rap back monitoring program or as otherwise required by this chapter and other laws.

    [PL 2023, c. 241, §72 (AMD).]

    4. Dissemination and storage of data. The Background Check Center and the bureau shall follow protocols established by federal or state law for the use and exchange of information with the rap back monitoring program, the Background Check Center and criminal justice agencies as applicable. The bureau shall:
    A. Maintain the personally identifiable information and biometric identifier data in the criminal history records repository; [PL 2023, c. 241, §73 (AMD).]
    B. Compare the personally identifiable data, biometric identifier data or other data to criminal records to conduct a criminal record check and disseminate the results of this record check to authorized entities; [PL 2023, c. 241, §74 (AMD).]
    C. Exchange data through the rap back monitoring program with the Background Check Center for noncriminal justice purposes; [PL 2015, c. 299, §25 (NEW).]
    D. Disseminate criminal record event information, including notifications from the rap back monitoring program, to an authorized entity or in a manner consistent with the requirements of this chapter and federal and state laws; and [PL 2015, c. 299, §25 (NEW).]
    E. Secure and coordinate services as needed to effect the provisions and purposes of this chapter. [PL 2015, c. 299, §25 (NEW).]

    [PL 2023, c. 241, §§73, 74 (AMD).]

    SECTION HISTORY

    PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §§71-74 (AMD).
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