Background Check and Agency Staff Requirements

• By: Maureen Carland
• On: 04/09/2025 10:53:55
• In: Quality/Regulatory

Are you using agency or temporary staff?   Are you in compliance with the following law: In 2015, Maine's 127th Legislature enacted Public Law, Chapter 299, titled "An Act to Establish a Secure Internet-based Background Check Center for Providers of Long-term Care, Child Care and In-home and Community-based Services." This law is codified in the Maine Revised Statutes, Title 22, Sections 9051 through 9065.

Under Maine law (Title 22, Section 1811), any person or entity applying for a license is responsible for complying with all Maine statutes and the rules and regulations adopted pursuant to them. This includes the requirement to complete background checks through the Maine Background Check Center (MBCC).

The MBCC is a secure, internet-based system that specific employers are required to use to access criminal records and other background information. These employers must use the system to assess the eligibility of individuals seeking employment in direct access positions, which include roles that provide care or services to vulnerable Mainers—such as children, the elderly, dependent adults, and individuals with disabilities.

On March 6, 2017, the MBCC system became fully available to all long-term care providers. From this date forward and at now all  staff must be processed through the MBCC system.

Facilities are required to ensure that all staff working in their organizations have undergone an MBCC background check. If a facility outsources the background check process, it must maintain documented evidence that the check was completed and confirm that no staff member working at the facility is subject to exclusion.

Compliance with the MBCC requirement is mandated by statute and is a condition of licensure.   If you are not doing these checks yourself, you must ensure you have documentation of them being completed. 
 
Staff contact: mcarland@mehca.org