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Me. Rev. Stat. tit. 22, §9054 - Background Check Center; procedures (Maine Background Check Center Act, ch. 1691)

MainestatuteMaine Department of Health and Human Services, Background Check Center

What this rule requires your agency to do

  • 1The provider must obtain the personally identifiable information sufficient to secure the required components of the background check and obtain informed consent and executed authorization to release information from the worker to all involved entities. (Me. Rev. Stat. tit. 22, §9054)(Me. Rev. Stat. tit. 22, §9054)
  • 2The provider must complete a repeat criminal history record check using a biometric identifier for all direct access workers every 5 years following the initial check anniversary date. (Me. Rev. Stat. tit. 22, §9054)(Me. Rev. Stat. tit. 22, §9054)
  • 3The provider must ensure the background check includes a biometric identifier-based (fingerprint) criminal history record check for direct access workers. (Me. Rev. Stat. tit. 22, §9054)(Me. Rev. Stat. tit. 22, §9054)
  • 4The provider must not employ a direct access worker who has a disqualifying conviction (e.g., abuse, neglect, exploitation of vulnerable individuals, health care fraud, or controlled-substance offenses) except as permitted through the statutory disqualification periods and waiver/conditional employment process. (Me. Rev. Stat. tit. 22, §9054)(Me. Rev. Stat. tit. 22, §9054)
  • 5The provider (employer) must use the DHHS Background Check Center to conduct a comprehensive background check that includes a criminal history records check for all direct access (direct care) workers when making employment-related decisions. (Me. Rev. Stat. tit. 22, §9054(2))(Me. Rev. Stat. tit. 22, §9054 - Background Check Center; procedures (Maine Background Check Center Act, ch. 1691))

Applies to: personal care agencies, home health care providers, hospice, adult day care, and home and community-based service agencies (direct access/direct care workers)

Maine's Background Check Center Act requires mandatory long-term care and home/community-based providers (including personal care agencies, home health, and HCBS agencies) to screen all direct access/direct care workers through the DHHS Background Check Center, using biometric identifier-based criminal history checks, obtaining informed consent, applying statutory disqualifying-offense rules, and re-checking every 5 years.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.