(a) Purpose.
(1) It is the purpose of this section to establish an electronic system (Background Check Center) for the consolidation of various data streams necessary to provide a prospective employer or a current employer with information related to the suitability for employment of a person who provides care or services as follows:
a. In any capacity, including as an employee, an agent, or an independent contractor working in a long-term care facility licensed under Chapter 11 of Title 16.
b. As an employee of a hospice agency, a home health agency, or a personal assistance services agency (home care agency) licensed under § 122(3)m., 122(3)o., and 122(3)x. of Title 16 working in a private residence.
c. As an employee of a prescribed pediatric extended care center licensed under § 122(3)q. of Title 16.
(2) It is the further purpose that the Background Check Center be self-supporting after the initial construction and initial operational phase.
(3) Utilization of the Background Check Center by an employer is mandatory to ensure that all individuals working in a long-term care facility, a home care agency, or a prescribed pediatric extended care center are subject to comprehensive screening and updating of their criminal record.
(4) The Background Check Center must be a reliable source of information which enables prompt decision making.
(5) Each person screened through the Background Check Center has a right of appeal.
(b) Definitions.
As used in this chapter:
(1) “Background Check Center” (“BCC”) means the electronic system which combines the data streams from various sources within and outside the State in order to assist an employer in determining the suitability of a person for employment in a long-term care facility, home care agency, or prescribed pediatric extended care center.
(2) “Department” means the Department of Health and Social Services.
(3) “Employer” means a person or other legal entity that employs individuals to work in long-term care facility, home care agency, or for a prescribed pediatric extended care center.
(4) “Home care agency” means all programs or agencies licensed under § 122(3)m., 122(3)o., and 122(3)x. of Title 16.
(5) “Long-term care facility” means any facility licensed under Chapter 11 of Title 16.
(6) “Prescribed pediatric extended care center” means any facility licensed under § 122(3)q. of Title 16.
(7) “Private residence” means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual.
(c) All employers who are required to secure criminal background checks under § 1141, § 1145, or § 1190 of Title 16 must process all applicants for employment through the BCC.
(d) The Department shall establish the appropriate fee to collect from BCC users.
(1) The fee shall approximate and reasonably reflect all costs necessary to defray the maintenance, operation, and development of the BCC.
(2) At the beginning of each calendar year the Department shall compute the appropriate fee and determine the effective date of any fee modification.
(3) All revenue generated under this section must be deposited in a special BCC fund account in the Department.
(e) Due process protections of notice and opportunity to be heard must be provided to an applicant for employment who wishes to appeal BCC errors, or to appeal the imposition of sanctions under § 1141 or § 1145 of Title 16. The hearing process shall be consistent with the Administrative Procedures Act, Chapter 101 of this title.
(f) (1) The Department may require all employees, contractors, and volunteers who are required to secure a background check under § 7999 of this title to process all background checks through the BCC.
(2) If the Department requires use of the BCC under paragraph (f)(1) of this section, the State Bureau of Identification shall provide the criminal background information and the Department of Services for Children, Youth and Their Families shall provide the Child Protection Registry check information to the individual and to the BCC for any background check required by § 7999 of this title.
(3) If the Department requires use of the BCC under paragraph (f)(1) of this section, The State Bureau of Identification (SBI) and the Delaware Justice Information System shall provide all subsequent Delaware criminal history of any individual subject to a background check under this section to the BCC. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System to the BCC.