Maine § 22 §1812-J Direct care workers

Maine Statutes

§ 22 §1812-J — Direct care workers

Maine § 22 §1812-J

Title 22HEALTH AND WELFARE

Part 4HOSPITALS AND MEDICAL CARE

Ch. 405LICENSING OF HOSPITALS AND INSTITUTIONS

This text of Maine § 22 §1812-J (Direct care workers) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 22, § 22 §1812-J (2026).

Text

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Complaint investigation. The department may investigate complaints and allegations of abuse, neglect or misappropriation of property of a client, patient or resident in a home or health care setting against direct care workers. 2-A. Department decision after investigation of complaint. Based on criteria established by rule, the department, after investigation of a complaint of abuse, neglect or misappropriation of property of a client, patient or resident, shall:

3.Substantiated finding of complaint; registry listing. When a complaint against a direct care worker is substantiated by the department and the direct care worker is listed on the registry pursuant

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Complaint investigation.
The department may investigate complaints and allegations of abuse, neglect or misappropriation of property of a client, patient or resident in a home or health care setting against direct care workers.
2-A.
Department decision after investigation of complaint.
Based on criteria established by rule, the department, after investigation of a complaint of abuse, neglect or misappropriation of property of a client, patient or resident, shall:
3.
Substantiated finding of complaint; registry listing.
When a complaint against a direct care worker is substantiated by the department and the direct care worker is listed on the registry pursuant to subsection 4, the department's decision becomes final agency action as defined in Title 5, section 8002, subsection 4. The department shall notify the employer of the direct care worker that a substantiated finding of a complaint has been listed as a notation on the registry.
3-A.
Indicated finding of complaint; no registry listing.
An indicated finding by the department of a complaint against a direct care worker does not prohibit employment and is not listed as a notation on the registry. The department's complaint investigation decision becomes final agency action as defined in Title 5, section 8002, subsection 4.
4.
Registry listing.
The department shall list direct care workers with a substantiated finding notation. Disqualifying notations must include but are not limited to the following information:
5.
Right to hearing.
The department shall notify the direct care worker of the right to request a hearing to contest the finding that the complaint under subsection 3 was substantiated.
6.
Petition for removal of a substantiated finding of abuse, neglect or misappropriation of property.
7.
Prohibited employment based on disqualifying offenses.
An employer who employs a direct care worker to provide direct access services shall conduct a comprehensive background check in accordance with state law and rules adopted by the department and is subject to the employment restrictions set out in section 1812‑G and chapter 1691 and other applicable federal and state laws. The employer is subject to penalties for employing a disqualified or otherwise ineligible person in accordance with applicable federal or state laws.
7-A.
Background check.
This subsection governs background checks for direct care workers.
8.
Rules.
The department may 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.

Legislative History

PL 2009, c. 215, §2 (NEW). PL 2011, c. 257, §§3-8 (AMD). PL 2015, c. 299, §§11-17 (AMD). PL 2015, c. 494, Pt. D, §3 (AMD). PL 2023, c. 241, §§27-47 (AMD).