§9053. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings. [2015, c. 299, §25 (NEW).]
1. Adult day care program.
"Adult day care program" means an adult day care program licensed pursuant to chapter
1663 or 1679.
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2. Assisted housing program
"Assisted housing program" means a program or facility licensed pursuant to chapter
1663.
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3. Background check.
"Background check" means the collection of personally identifiable information and
data 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.
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4. Background Check Center.
"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.
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5. Background check report.
"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.
The background check report informs a provider when an offense appears in an individual's
record that may disqualify the individual from employment as a direct access worker.
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6. Bureau.
"Bureau" means the Department of Public Safety, State Bureau of Identification.
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7. Child care facility.
"Child care facility" means a child care facility licensed pursuant to chapters 1661
and 1673.
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8. Child placing agency.
"Child placing agency" means a child placing agency licensed pursuant to chapter 1663.
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9. Children's residential care facility.
"Children's residential care facility" means a children's home licensed pursuant to
chapter 1663.
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10. Contingent offer of employment.
"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.
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11. Criminal charge without disposition.
"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.
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12. Direct access.
"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.
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13. Direct access employment.
"Direct access employment" or "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.
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14. Direct access worker.
"Direct access worker" means an individual who by virtue of employment has direct
access to a Medicare or Medicaid beneficiary or other protected individual served
by a provider subject to this chapter. "Direct access worker" does not include an
individual performing repairs, deliveries, installations or similar services who does
not have direct access without supervision. "Direct access worker" includes but is
not limited to the following individuals:
A. An individual seeking employment as a direct access worker; [2015, c. 299, §25 (NEW).]
B. An employee who is employed upon the effective date of this chapter and who is required
to have a background check in accordance with section 9058; [2015, c. 299, §25 (NEW).]
C. A former employee who consents, prior to leaving employment, to periodic review of
that employee's criminal background for a fixed time; [2015, c. 299, §25 (NEW).]
D. An independent contractor pursuant to Title 26, section 1043, subsection 11, paragraph
E or Title 39-A, section 102, subsection 13-A or a worker who is placed with a provider
by a temporary nurse agency or a personal care agency or a placement agency registered
pursuant to section 1717; and [2015, c. 299, §25 (NEW).]
E. A volunteer, student or other person with direct access who routinely performs unsupervised
functions similar to those performed by a direct access worker for a provider. [2015, c. 299, §25 (NEW).]
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15. Disqualifying offense.
"Disqualifying 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.
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16. Drug treatment center.
"Drug treatment center" means a facility licensed pursuant to chapter 1663.
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17. Employer.
"Employer" means a person or other legal entity that employs or places a direct access
worker or otherwise provides direct access services. "Employer" includes a provider,
a temporary nurse agency, a personal care agency and a placement agency.
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18. Family child care provider.
"Family child care provider" means a child care provider certified pursuant to chapter
1673.
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19. Grandfathered employee.
"Grandfathered employee" means an individual subject to the requirements of this chapter
who has been employed prior to the effective date of this chapter and is subject to
section 9058.
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20. Home health care provider.
"Home health care provider" means an entity licensed pursuant to chapter 419.
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21. Hospice provider.
"Hospice provider" means an entity licensed pursuant to chapter 1681.
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22. Intermediate care facility for individuals with intellectual disabilities.
"Intermediate care facility for individuals with intellectual disabilities" means
a facility licensed pursuant to chapter 405.
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23. Medicare or Medicaid beneficiary.
"Medicare or Medicaid beneficiary" means a person enrolled in the Medicare or Medicaid
program.
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24. Mental health services facility or provider.
"Mental health services facility or provider" means a facility or agency licensed
pursuant to Title 34-B, section 1203-A.
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25. Nursery school.
"Nursery school" means a nursery school licensed pursuant to chapter 1675.
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26. Nursing facility.
"Nursing facility" means a facility licensed pursuant to chapter 405.
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27. Personal care agency and placement agency.
"Personal care agency" and "placement agency" mean an entity registered pursuant to
section 1717.
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28. Personally identifiable information.
"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.
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29. Provider.
"Provider" means a licensed, certified or registered entity that employs direct care
workers to provide long-term care, child care and in-home and community-based services
under this chapter.
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30. Protected individual.
"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. A protected individual requires special protective measures
by criminal justice, social services and health care agencies; may be a patient, consumer,
beneficiary or resident; and is typically elderly, a child or an individual with disabilities
in need of assistance.
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31. Rap back monitoring program.
"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.
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32. Residential care facility.
"Residential care facility" means a residential care facility licensed pursuant to
chapter 1663.
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33. Supervision.
"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.
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34. Temporary nurse agency.
"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.
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35. Waiver.
"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.
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SECTION HISTORY
2015, c. 299, §25 (NEW).
