Maine Revised Statutes Title 22 Sec. 9058-A – Grandfathered employees prior to biometric identifier reporting
Current as of: 2023 | Check for updates
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1. Background check. Beginning October 1, 2024, an employer employing direct access workers shall use the Background Check Center to secure a background check and a background check report using biometric identifier data for each direct access worker.
[PL 2023, c. 241, §78 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 9058-A
- 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
- 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. 9053Disqualifying 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 Grandfathered employee: means an individual subject to the requirements of this chapter who has been employed prior to October 1, 2023, is subject to section 9058?A and has not previously submitted biometric identifier data for a background check under this chapter. See Maine Revised Statutes Title 22 Sec. 9053 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Provider: means a licensed, license-exempt, certified or registered entity that employs direct access workers to provide long-term care and in-home and community-based services under this chapter. See Maine Revised Statutes Title 22 Sec. 9053 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. Gradual implementation of grandfathered employee background checks with biometric identifier data. The department shall adopt rules under section 9065 describing a staged and orderly process based on the type of provider and the number of direct access workers employed that employers must follow to implement the background checks using biometric identifier data for grandfathered employees consistent with this chapter. The department may grant an employer a deadline extension for good cause shown, which may not be unreasonably withheld.
[PL 2023, c. 241, §78 (NEW).]
3. Background check deadline. A grandfathered employee may continue to work in direct access employment for up to 60 calendar days from the date the grandfathered employee’s first biometric identifier background check is initiated in accordance with subsection 2 and if:
A. The grandfathered employee signs a consent to release information and agrees in writing to submit to the background check process; [PL 2023, c. 241, §78 (NEW).]
B. The grandfathered employee signs a statement declaring that a background check will not reveal any disqualifying offenses or that an offense that appears is inaccurate; [PL 2023, c. 241, §78 (NEW).]
C. The employer verifies and documents that the grandfathered employee has submitted the biometric identifier data and mandatory identity verification and employment eligibility documents required by rules adopted in accordance with section 9065; [PL 2023, c. 241, §78 (NEW).]
D. The employer initiates the background check by entering the individual into the Background Check Center database as a grandfathered employee; and [PL 2023, c. 241, §78 (NEW).]
E. The grandfathered employee is not identified in the Background Check Center database as a disqualified person. [PL 2023, c. 241, §78 (NEW).]
[PL 2023, c. 241, §78 (NEW).]
4. Disqualified grandfathered employee. A grandfathered employee who receives a disqualifying background check report is subject to the provisions of subsection 3 and must be able to correct disqualifying offense information that appears in the background check report through the inaccurate records corrections process within 60 calendar days after the disqualifying report is issued. The grandfathered employee is subject to direct personal supervision during the conditional employment period as described in rules adopted pursuant to this chapter until a final background check report indicates that no disqualifying offenses appear in the updated records.
[PL 2023, c. 241, §78 (NEW).]
5. Termination; disqualified grandfathered employees. An employer shall terminate or remove from direct access employment any grandfathered employee who has not submitted the documents required in subsection 3, who refused to submit a biometric identifier or otherwise participate in the background check or who fails to receive a final nondisqualifying background check report in accordance with subsection 4.
[PL 2023, c. 241, §78 (NEW).]
SECTION HISTORY
PL 2023, c. 241, §78 (NEW).