Resolve, To Review the Implementation of the Maine Background Check Center Act

Sec. 1. Background check system study. Resolved: That the Commissioner of Health and Human Services shall convene a study group consisting of representatives of child care facilities, child placing agencies, children's residential care facilities, family child care providers, nursery schools, hospice providers, home health care providers, nursing facilities, personal care agencies and placement agencies, temporary nurse agencies, adult day care programs, assisted housing programs, residential care facilities, intermediate care facilities for individuals with intellectual disabilities, mental health services facilities and providers, drug treatment centers and other interested stakeholders to assess the effects of the implementation of the system of background checks established by the Maine Background Check Center Act. In conducting the assessment, the study group shall consider:

1. A cost and comprehensiveness comparison to background check systems in other states to determine the efficiency of the background check system used in this State;

2. Any instances of discrimination within the waiver process;

3. Ways to allow for the portability of a background check so that it can travel with an employee from one job to another within a 5-year time frame;

4. The necessity of subjecting to the background check system current employees who had been subject to a background check within the previous 5 years; and

5. Any barriers to implementing all required background checks under one background check system.

Sec. 2. Report. Resolved: That the study group convened pursuant to section 1 shall develop recommendations regarding improvements to the background check system and possible alternatives and options for greater cost-effectiveness. The Commissioner of Health and Human Services shall submit a report regarding the study group's recommendations, including any recommended legislation, to the Joint Standing Committee on Health and Human Services no later than December 15, 2019. The committee may submit legislation based on the report to the Second Regular Session of the 129th Legislature.