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COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies)
MarylandregulationMaryland Department of Health, Office of Health Care Quality
What this rule requires your agency to do
- 1The agency must obtain, as part of screening, either a State criminal history records check or a private agency background check for each prospective worker, in accordance with Health-General Article, Title 19, Subtitle 19. (COMAR 10.07.05.10B)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
- 2The agency must maintain and retain the screening records for each worker in its business office. (COMAR 10.07.05.10)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
- 3The agency must immediately report to the Board of Nursing and the Office of Health Care Quality any worker action or inaction that may be grounds for regulatory action. (COMAR 10.07.05.10)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
- 4The agency must conduct an in-person interview and a skills assessment/demonstration for each worker before referring that worker to a client. (COMAR 10.07.05.10B)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
- 5The agency must complete health screening, including tuberculosis screening, and verify identity and employment eligibility (I-9) for each worker. (COMAR 10.07.05.10B)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
- 6The agency must verify each worker's professional licensure or certification and complete reference and employment-history verification before referring the worker to a client. (COMAR 10.07.05.10B)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
- 7The agency must develop and implement policies and procedures to screen every prospective employee, independent contractor, or contractual employee who will provide services to clients. (COMAR 10.07.05.10A)(COMAR 10.07.05.10 - Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
Applies to: home care / personal care (residential service agencies providing in-home services to clients)
Maryland's residential service agency (home care) regulation requires each agency to screen every prospective employee, independent contractor, or contractual worker who will provide client services. Screening must include a State criminal history records check or private-agency background check under Health-General Article, Title 19, Subtitle 19, verification of licensure/certification, health/TB screening, reference and employment-history checks, I-9 and identity/eligibility verification, an in-person interview, and a skills assessment before the worker is referred to a client. Agencies must retain screening records and immediately report certain worker actions to the Board of Nursing and the Office of Health Care Quality.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.