1. Portability authorized. A direct access worker may choose to transfer the worker’s background check report to another employer. The direct access worker may choose to transfer confidential information contained in the worker’s background check report, as long as the background check used a biometric identifier, when:
A. The direct access worker agrees to submit to the requirements of this chapter; [PL 2023, c. 241, §82 (NEW).]
B. The direct access worker signs a statement releasing the confidential information to the new employer; [PL 2023, c. 241, §82 (NEW).]
C. The employer verifies and documents that the direct access worker has submitted the mandatory identity verification and employment eligibility documents required by rules adopted in accordance with this chapter; and [PL 2023, c. 241, §82 (NEW).]
D. The employer ensures the background check was completed within the last 5 years and enters the direct access worker into the rap back monitoring program. [PL 2023, c. 241, §82 (NEW).]

[PL 2023, c. 241, §82 (NEW).]

SECTION HISTORY

PL 2023, c. 241, §82 (NEW).

Terms Used In Maine Revised Statutes Title 22 Sec. 9066

  • 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 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
  • 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
  • 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
  • Portability: means the ability of a direct access worker to transfer the results of a background check eligibility determination and information from the rap back monitoring program to a new employer. 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
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