Frequently Asked Questions - Click a question to view the answer
Why is the professional license number coming back UNDETERMINED in the application? This content can be expanded
A: Did you add the prefix letters in front of the professional license? The application does not recognize only the numbers - the professional license number you enter inside the application must include the corresponding letters: CNA, RN, PA, etc. Example: 39273 will result in UNDETERMINED. CNA39273 is the appropriate way to enter the license number. You can update the letters/numbers in the box at this time. If you still get UNDETERMINED there may be a name mismatch due to a recent name change.
How do I request a waiver for a disqualified applicant? This content can be expanded
A: Review the statute to ensure that you feel comfortable in sponsoring a waiver. You as the employer are always responsible for an employee’s actions. Please consider the following factors, as laid out in statute:
(1) The nature and gravity of the disqualifying offense or offenses;
(2) The time that has passed since the disqualifying offense or offenses;
(3) The nature of the employment held or sought;
(4) Whether the criminal conduct was employment-related; and
(5) A reasonable conclusion that the individual does not pose a threat of harm to a protected
individual or others in the care and support of the individual.
If you wish to continue with the waiver process go to your Work Que and click on the blue bar to the far right of the employee’s name. Scroll to the bottom and hit the radio button to request a waiver. Next, on the MBCC home page look on the far left for the Forms tab. Click this and download a copy of the waiver request form. Both employer and applicant should take the time to review the information on this form. Have the employee fill out part I, the employer fills out part II and the form is submitted to the MBCC for consideration.
What providers are required to use the MBCC? This content can be expanded
A: Answer: Pursuant to Title 22; Section 9054 mandatory providers are as follows: Providers; mandatory use. Use of the Background Check Center is mandatory for the following providers: A. Hospice Providers; B. Home Health Care Providers; C. Nursing Facilities; D. Personal Care Agencies and Placement Agencies; E. Temporary Nurse Agencies; F. Adult Day Care Programs; G. Assisted Housing Programs; H. Residential Care Facilities; I. Intermediate Care Facilities for individuals with intellectual disabilities; J. Mental Health Services facilities or providers; and K. Drug treatment centers. The system will become available to each provider in a controlled roll out program. The first roll out group will be the Long Term Care Providers. Notifications will be sent prior to the next roll out to the corresponding group. Updates will also be listed here on the homepage of Maine Background Check Center.
What is a ‘Grandfathered’ employee?
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A: Title 22 Section 9053 Definitions, details Grandfathered Employee as follows:
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. All employees employed as direct access workers prior to this legislation and the facility becoming active in the Maine Background Check Center will need to have a background check completed through the MBCC.
Why does a grandfathered employee have to have a background check done? This content can be expanded
A: The Legislature has determined that anyone working as a Direct Access Worker must have a background check completed. Anyone already working within the facility must have a background check done within 365 days of the time the facility has had access to the Maine Background Check Center database. This action ensures that all employees have been held to the same standard as well as what triggers the employee’s addition to the Rap Back subscription for constant criminal history monitoring.
What is MBCC’s role in the hiring process? This content can be expanded
A: The MBCC is an Internet-based system that employers use to access criminal records and other background information to determine the eligibility of individuals to work in direct access positions with vulnerable Maine citizens including elderly persons, dependent adults and persons with disabilities. MBCC gathers information from several sources and will provide a centralized access portal for employers. MBCC determines the type of result based on the criteria set by the Maine Department of Health and Human Services. MBCC does not make hiring or contracting decisions. MBCC only reports information that has been reported to us. Hiring decisions are made by the employer and the employer is expected to follow all applicable state and federal laws with respect to the direct access position hire. MBCC staff cannot give you legal advice or interpret the meaning of legal terms.
What is the Rap Back? This content can be expanded
A: Rap Back is a monitoring system by state and federal agencies to generate reports on new criminal record events appearing subsequent to an initial background check on current employees.
Why am I getting notifications for employees who don’t work here anymore? This content can be expanded
A: To discontinue receiving MBCC notifications, once an employee terminates, or is terminated, you must remove him/her from your facility list in the MBCC program. To complete this, you will need to go into the application for the employee and change your decision to SEPARATE from employee, this will remove them from your facility list.
What is a Quick Check and do I need to log onto the MBCC to perform a Quick Check of an individual? This content can be expanded
A: Quick Check is a FREE feature of the MBCC that allows providers and applicants to perform a check of the online registries. This is not a criminal history check, but gives employers a chance to preview the publicly available information quickly and conveniently. You do not need to log onto the MBCC system in order to perform a Quick Check.
What do the different criminal history letter notification results mean and when is each issued? This content can be expanded
A: There are different notification letters you may receive:
A): No Disqualifying Offense found– None of the background check data sources reported any history that would disqualify the applicant from the direct access position, nor any adverse findings from the registry checks.
B): Non-Disqualifying Offense – One or more of the background check data sources reported a crime or crimes that are not listed on the program’s list of disqualifying crimes and negative actions. The authorized entity must determine whether or not the applicant can work in a position with direct access to vulnerable populations by: (1) considering the character, competence, and suitability of the applicant; and (2) documenting the decision.
C): Disqualifying Offense – One or more of the background check data sources reported a crime or crimes that are on the program’s list of disqualifying crimes and the applicant is disqualified from the direct access position. The waiver process must be used if the provider still wishes to hire the applicant.
Adverse Findings on Registry checks would indicate that the employee must take action to clear up the adverse finding by using the Error Correction process.
There seems to be incorrect or incomplete criminal history about me. What can I do to correct it? This content can be expanded
A: You, the applicant, will be required to contact the Maine State Bureau of Identification or the appropriate registry and follow their procedures for correcting mistakes. After the problem has been addressed, the applicant will follow up with the hiring authority who requested the background check. Once the updated information has been received, the MBCC will verify and then will decide what type of determination letter to send.
I have been convicted of and/or have a pending charge. Should I disclose it? This content can be expanded
A: In the background check center employer packet, you will sign an authorization release form to agree to a comprehensive background check, it is important that you disclose all convicted and/or pending charges.
Can the 60 day Conditional employment period be extended? This content can be expanded
A: We encourage providers and applicants to act promptly to attempt to clear any mistakes from either a registry or criminal background check error or to obtain a waiver. This 60 day limit is in the MBCC authorizing statute.
What checks does the MBCC program currently perform and what is the fee? This content can be expanded
A: The screenings that are currently completed are the following:
• Maine Regulatory Licensing & Permitting (Professional and Occupational Licensing and CNA/DCW Registry)
• Maine Excluded Providers
• Maine Sex Offender Registry
• Office of Inspector General
• National Sex Offender Public Website (NSOPW)
• Criminal History checks.
We are currently working on adding:
• Adult/ Child Protective
The current fee is $56 per background check and a check is good for five years.
What is a volunteer? This content can be expanded
A: For purposes of the Compliance Program Guidelines, a volunteer is any individual who performs work for the sponsor related to the Medicare program, but is not employed by or contracted with the sponsor in any fashion, and not otherwise compensated for their work. An example is an unpaid student intern. Although sponsors rarely utilize “volunteers” in the Medicare program, some sponsors who did use volunteers in the past, were not providing their volunteers with compliance and fraud, waste and abuse (FWA) training and education, even though these volunteers performed work in areas with risks of non-compliance and FWA. These sponsors incorrectly reasoned that because the Compliance Program regulations refer only to “Employees” generally, and do not specifically mention “volunteers,” the sponsor did not have to apply Compliance Program requirements to the volunteers. CMS determined it was necessary to include “volunteers” in the Compliance Program Guidelines, to clarify that the Compliance Guidelines apply to unpaid volunteers performing work for the sponsor in Medicare program areas.
What do I do if my applicant does not have an ID? This content can be expanded
A: The Maine Background Check Center requires an Identification number and a birthdate to complete the application. They can provide a State ID number, (In Maine, this costs $5.00 at the Bureau of Motor Vehicles and does not have an age restriction), a driver's license number or a passport number. If the applicant has a driver's learners permit, you can use the History number found on the permit. This system does not use a Social Security number.
What is the MBCC and when did the governing statute become effective? This content can be expanded
A: Answer: MBCC stands for the Maine Background Check Center. This legislation became effective on October 15, 2015, pursuant to new legislation Title 22 of the Health and Welfare Statute, Chapter 1691: Maine Background Check Center ACT. Section 9051.
What is a Direct Access Worker? This content can be expanded
A: Title 22 Section: 9053 Definitions, details Direct Access worker as follows:
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;
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;
C. A former employee who consents, prior to leaving employment, to periodic review of that employee's criminal background for a fixed time;
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.
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.
I got locked out of my account and it tells me to tray again later. What can I do? This content can be expanded
A: Unfortunately you must wait for 15-20 minutes. After that time your account will automatically unlock and at that time you will be able to log in again.