Maine Revised Statutes > Title 22 > Subtitle 6 > Chapter 1691 – Maine Background Check Center Act
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Terms Used In Maine Revised Statutes > Title 22 > Subtitle 6 > Chapter 1691 - Maine Background Check Center Act
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult day care program: means an adult day care program licensed pursuant to chapter 1663 or 1679. See Maine Revised Statutes Title 22 Sec. 9053
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assisted housing program: means a program or facility licensed pursuant to chapter 1663 or an independent housing with services program exempt from licensing pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053
- 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
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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
- children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301?A, that provides services to these children. See Maine Revised Statutes Title 22 Sec. 7701
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Criminal charge without disposition: means a charge that appears on an individual's criminal history record that has not been finally disposed at the time the criminal record is reviewed. 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
- Dependent: A person dependent for support upon another.
- 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 division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 7701 Drug treatment center: means a facility licensed pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC 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. facility: means any of the places defined in section 8001, 8101, 8201 or 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701 Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. 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 Home health care provider: means an entity licensed pursuant to chapter 419. See Maine Revised Statutes Title 22 Sec. 9053 Hospice provider: means an entity licensed pursuant to chapter 1681. See Maine Revised Statutes Title 22 Sec. 9053 Hospital: means an entity licensed pursuant to chapter 405. 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 Intermediate care facility for individuals with intellectual disabilities: means a facility licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Medicare or Medicaid beneficiary: means a person enrolled in the Medicare or Medicaid program. See Maine Revised Statutes Title 22 Sec. 9053 Mental health services facility or provider: means a facility or agency licensed pursuant to Title 34?B, section 1203?A. See Maine Revised Statutes Title 22 Sec. 9053 neglect: refers to the definitions found in section 3472, subsections 1 and 11, and also incorporates exploitation, as defined in section 3472, subsection 9. See Maine Revised Statutes Title 22 Sec. 7701 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 Nursing facility: means a facility licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Personal care agency: means an entity licensed pursuant to section 1717, subsection 2?A. 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 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 Protected individual: means a person who is in need of support, who is vulnerable to abuse, neglect and exploitation and who receives services offered by providers subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053 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 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 Residential care facility: means a residential care facility licensed or exempted from licensing pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 Substance use disorder treatment agency: means an approved treatment facility or program licensed pursuant to Title 5, chapter 521. 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 Temporary nurse agency: means an agency registered pursuant to chapter 417 or an agency that places temporary health care professionals in direct access positions in the State that is not otherwise required to register in the State. See Maine Revised Statutes Title 22 Sec. 9053 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 22 Sec. 9053