Maine Revised Statutes Title 22 Sec. 9062 – Penalties
Current as of: 2023 | Check for updates
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1. Conduct subject to penalties. An employer may be subject to the penalties under this chapter for any of the following:
A. Failure to conduct a mandatory background check; [PL 2015, c. 299, §25 (NEW).]
B. Failure or refusal to terminate or remove from direct access employment an employee who is disqualified for employment based on the requirements of this chapter; [PL 2023, c. 241, §79 (AMD).]
C. Substantial noncompliance with the procedures established by this chapter; and [PL 2023, c. 241, §80 (AMD).]
D. Failure to enroll in the Background Check Center. [PL 2023, c. 241, §81 (NEW).]
[PL 2023, c. 241, §§79-81 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 9062
- 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
- 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
- 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
2. Fines. An employer who fails to comply with the provisions of this chapter is subject to the penalties set out under this subsection.
A. An employer who fails to secure a background check in accordance with this chapter or knowingly employs a disqualified individual for direct access employment commits a civil violation for which a fine of not less than $500 but not more than $10,000 per day may be adjudged, beginning on the first day the violation occurs and for each day of continued violation. Each day constitutes a separate offense. [PL 2015, c. 299, §25 (NEW).]
B. An employer is subject to the penalties under paragraph A if that employer conditionally employs an individual before receiving verification that the individual has met the requirements of conditional employment described in this chapter. [PL 2015, c. 299, §25 (NEW).]
C. An employer who fails to comply with the confidentiality requirements and conditional employment requirements of this chapter commits a civil violation for which a fine of not less than $500 but not more than $5,000 may be adjudged for each violation. [PL 2015, c. 299, §25 (NEW).]
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW). PL 2023, c. 241, §§79-81 (AMD).