1. Contingent offer of employment. An employer that has made a contingent offer of employment to a direct access worker shall secure a background check and receive a final background check report prior to allowing the individual to commence employment as a direct access worker, except where the individual is conditionally employed as described in this chapter.

[PL 2015, c. 299, §25 (NEW).]

Terms Used In Maine Revised Statutes Title 22 Sec. 9057

  • 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
  • Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. 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
  • Contingent offer of employment: means an offer of employment as a direct access worker that is based upon receipt of a final nondisqualifying background check report and that may be withdrawn if a disqualifying final background check report is issued. See Maine Revised Statutes Title 22 Sec. 9053
  • 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
  • Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 22 Sec. 9053
  • Employer: includes a provider, a temporary nurse agency and a personal care agency. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Supervision: means a supervisor is physically present and immediately able to respond to the needs of protected individuals through an ongoing and verifiable process for the duration of conditional employment. See Maine Revised Statutes Title 22 Sec. 9053
  • 2. Opportunity to challenge inaccurate records. An employer that has made a contingent offer of employment under subsection 1 shall provide the individual subject to a background check a copy of the background check report and afford the individual a reasonable amount of time up to the 60th calendar day of conditional employment as described in subsection 4 to allow that individual an opportunity to challenge inaccurate information in the background check report.

    [PL 2015, c. 299, §25 (NEW).]

    3. Employment determination. An employer that has made a contingent offer of employment under subsection 1 shall obtain a final nondisqualifying background check report after an individual has been allowed an opportunity to correct or update that individual’s record prior to making an employment determination.

    [PL 2015, c. 299, §25 (NEW).]

    4. Conditional employment. In accordance with subsection 2, an employer may employ an individual as a direct access worker on a conditional basis for up to 60 calendar days before the employer receives a final background check report or from the date the employer receives a disqualifying background report on the following conditions:
    A. The employer initiates the background check by entering the individual into the Background Check Center database as a conditionally employed worker; [PL 2015, c. 299, §25 (NEW).]
    B. The individual is not identified in the Background Check Center database as a disqualified person based on an earlier background check; [PL 2015, c. 299, §25 (NEW).]
    C. The individual has agreed to submit to the steps necessary to comply with this chapter, including taking substantial steps toward correcting inaccurate data in the disqualifying background check report if applicable; [PL 2015, c. 299, §25 (NEW).]
    D. The individual signs a statement declaring that a background check will not reveal a disqualifying offense or that an offense that appears is inaccurate; [PL 2015, c. 299, §25 (NEW).]
    D-1. The individual provides evidence to the employer that the individual has submitted the individual’s biometric identifier data for the background check; [PL 2023, c. 241, §75 (NEW).]
    E. The employer verifies and documents that the individual has submitted the individual’s biometric identifier data required for the background check and the mandatory identity verification and employment eligibility documents required by rules adopted in accordance with this chapter; and [PL 2023, c. 241, §76 (AMD).]
    F. The individual is subject to direct personal supervision during the course of the conditional employment as described in rules adopted pursuant to this chapter. [PL 2015, c. 299, §25 (NEW).]

    [PL 2023, c. 241, §§75, 76 (AMD).]

    SECTION HISTORY

    PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §§75, 76 (AMD).