Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                  JULY 6, 2021                 400
                                                                BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                          _____
                                   S.P. 51 - L.D. 121
     An Act To Require a Background Check for High-risk Health Care
                Providers under the MaineCare Program
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 22 MRSA §5307 is enacted to read:
§5307. Background check for high-risk provider applicants under the MaineCare
       program
    1. Definition. As used in this section, unless the context otherwise indicates, "State
Police" means the Department of Public Safety, Bureau of State Police.
    2. Background check. The department shall request a background check for
MaineCare provider applicants who are high-risk providers or in high-risk provider
categories as those terms are defined by department rule. The background check must
include criminal history record information obtained from the Maine Criminal Justice
Information System and the Federal Bureau of Investigation.
    A. The criminal history record information obtained from the Maine Criminal Justice
    Information System must include a record of public criminal history record information
    as defined in Title 16, section 703, subsection 8.
    B. The criminal history record information obtained from the Federal Bureau of
    Investigation must include other state and national criminal history record information.
    C. A provider applicant shall submit to having fingerprints taken. The State Police,
    upon payment by the provider applicant, shall take or cause to be taken the applicant's
    fingerprints and shall forward the fingerprints to the State Bureau of Identification so
    that bureau can conduct state and national criminal history record checks. Except for
    the portion of the payment, if any, that constitutes the processing fee charged by the
    Federal Bureau of Investigation, all money received by the State Police for purposes
    of this paragraph must be paid over to the Treasurer of State. The money must be
    applied to the expenses of administration incurred by the Department of Public Safety.
    D. The subject of a Federal Bureau of Investigation criminal history record check may
    obtain a copy of the criminal history record check by following the procedures outlined
    in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state
                                   Page 1 - 130LR0073(03)
    criminal history record check may inspect and review the criminal history record
    information pursuant to Title 16, section 709.
    E. State and national criminal history record information of a provider applicant must
    be used by the department for the purpose of screening that provider applicant.
    F. Information obtained pursuant to this subsection is confidential. The results of
    background checks received by the department are for official use only and may not be
    disseminated to any other person or entity.
    G. An individual whose enrollment as a MaineCare provider has expired and who has
    not applied for renewal may request in writing that the State Bureau of Identification
    remove the individual's fingerprints from the bureau's fingerprint file. In response to a
    written request, the bureau shall remove the individual's fingerprints from the
    fingerprint file and provide written confirmation of that removal.
    3. Rules. The department, following consultation with the State Bureau of
Identification, shall adopt rules to implement this section. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
    Sec. 2. 25 MRSA §1542-A, sub-§1, ¶V is enacted to read:
    V. Who is required to have a criminal history record check under Title 22, section
    5307.
    Sec. 3. 25 MRSA §1542-A, sub-§3, ¶U is enacted to read:
    U. The State Police shall take or cause to be taken the fingerprints of the person named
    in subsection 1, paragraph V at the request of that person or the Department of Health
    and Human Services pursuant to Title 22, section 5307.
    Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Office of MaineCare Services 0129
Initiative: Provides one-time funding for technological changes required in the Maine
Integrated Health Management Solution computer system.
GENERAL FUND                                                     2021-22           2022-23
 All Other                                                        $23,579               $0
                                                              __________        __________
GENERAL FUND TOTAL                                                $23,579               $0
FEDERAL EXPENDITURES FUND                                        2021-22           2022-23
 All Other                                                       $70,736                $0
                                                              __________        __________
FEDERAL EXPENDITURES FUND TOTAL                                  $70,736                $0
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