CCSM Concept Draft – May 17, 2018
Legal Barriers to Peer Workforce Development
As Maine’s peer workforce continues to grow, there have been identified barriers that prevent qualified people from working in State funded services.
All State contracted providers have boiler plate “Riders” that detail obligations that providers must follow. One that is particularly troublesome for the peer community is in regard to people who might have a criminal/legal history that can prevent them from being hired.
What we do know about peers is that often their lived experience includes some of these issues.
What we hope for is that providers could have the flexibility to look at someone’s history on an individual basis and make hiring determinations based on not only the past, but where the person in their recovery is now.
*Below is a definition of the term “contract rider” and an excerpt from the rider that pertains to this concept draft:
A contract rider is an attachment to a contract. It can be a schedule, an amendment or any other writing that may modify the original contract. Riders allow contract drafters to avoid rewriting an entire contract.
This is an excerpt from Rider D which is written into every provider of mental health/substance use services contract:
“… 24) Background Checks. The Provider agrees to conduct background checks on all employees, temporary staff persons, persons contracted or hired, consultants, volunteers, students, and other persons who may provide services under this Agreement. The results of each background check shall be made available to the Program Administrator within five (5) days of completion and prior to the person providing services under this agreement. The cost of performing each background check shall be the responsibility of the Provider. The methods of performing the background checks must first be approved by the Department in writing and will include information from the Bureau of Motor Vehicles, the Sex Offender Registry, and the Maine State Bureau of Investigation. … If services to be provided under this agreement are to be performed by a person who is professionally licensed then the background check will include information from the appropriate licensing board or entity regarding the status of the person’s license. The Provider must receive written permission from the Department before making any changes to such methods.
The Provider shall not hire or retain in any capacity any person who may directly provide services to a client under this Agreement if that person has a record of:
a) any criminal conviction that involves client abuse, neglect or exploitation;
b) any criminal conviction, classified as Class A, B or C or the equivalent of any of these, or any reckless conduct that caused, threatened, solicited or created the substantial risk of bodily injury to another person within the preceding two years; or
c) any criminal conviction resulting from a sexual act, contact, touching or solicitation in connection to any victim.”
UPDATE(11/20/17): The CCSM Legislative Subcommittee has finished the first draft of our latest issue statement on the *“Lack of Actionable Response to our Issue Statements from DHHS.”* *We are looking for feedback for the final draft.
To view the draft document, please click HERE
Written comments or questions directly related to this issue statement can be emailed to: [email protected] OR sent through the mail to:
Issue Statement Comments
219 Capitol St. Suite #7 Augusta, Maine 04330
CCSM Issue Statement Concept Draft:
“Lack of Actionable Response to our Issue Statements from DHHS.”
This current Issue Statement goes to the heart of what Issue Statement are supposed to do. The CCSM works hard to research issues and solutions to challenges consumers face in the community every day. The challenge we are now facing is that when DHHS responds it often is a description of what they are already doing to address things or agreeing with us without real engagement with the consumer community to move initiatives forward. Because these are valuable to both the consumer and State, we want to find new ways to use the resource that these Issue Statements are to bring about real action. We also want to look at other ways to get our Issue Statements out to people who can help bring our concerns forward: for example; the Legislature and the Press.
The CCSM Issues Statement Committee would like to hear from you. What are your thoughts on helping to find a solution to this issue? Please respond by attending your local meeting and giving solution oriented feedback, either verbally or in writing. Written comments can also be emailed to: [email protected] OR sent through the mail to:
Issue Statement Comments
219 Capitol St. Suite #7
Augusta, Maine 04330
The CCSM Issues Committee is doing an issues statement on how rate cuts to Medication Management, if implemented, will effect peers who are currently receiving this service.
Any thoughts on this issue are appreciated and we ask that you take some time to fill out the survey we have created by clicking here.
Feedback is due no later than October 11, 2016 at 5 pm.