Section 3613. Home care services workers

1. As used in this section, the
  following terms shall have the following meanings:
    (a) "Home care services entity" means a home care services  agency  or
  other  entity  providing  home  care services subject to this article or
  exempt under section thirty-six hundred nineteen of this article.
    (b) "Home care services worker" or "worker" means any  person  engaged
  in or applying to become engaged in providing home health aide services,
  as defined in subdivision four of section three thousand six hundred two
  of  this  article or "personal care services", as defined in subdivision
  five of section three thousand six hundred two of this article.
    (c) "Home care services worker registry" or "registry" means the  home
  care services worker registry established by this section.
    (d)  "State-approved education or training program" or "program" means
  a program that provides education or training for persons  to  meet  any
  requirement established by the department for providing home health aide
  services  or  personal  care  services, which program is approved by the
  department or the state education department.
    2. The department shall develop and  maintain  a  home  care  services
  worker   registry   of   persons   who  have  successfully  completed  a
  state-approved  education  or  training  program.  Information  in   the
  registry  shall be readily accessible on the department's website by the
  public, home care services workers, and  home  care  services  entities,
  subject  to  subdivision  seven  of  this  section. A home care services
  entity shall obtain information relating to a home care services worker,
  pursuant to paragraph (c) of subdivision seven of this section, prior to
  the worker beginning to provide home  care  services  for  that  entity,
  except  that a home care services worker employed by any entity prior to
  the effective date of this section may provide  home  care  services  as
  provided  in  subdivision  eight  of this section. No employer of a home
  care services worker other than a home care  services  entity  shall  be
  required to obtain information from the registry.
    3.  The  registry  shall include, but not be limited to, the following
  information concerning each person  who  has  successfully  completed  a
  state-approved  education  or  training  program  that  is listed in the
  registry:
    (a)  Full  name,  including  pre-marital  name  and  any  other  names
  currently or previously used;
    (b) Current home address;
    (c) Gender;
    (d) Date of birth;
    (e)   Name  of  each  state-approved  education  or  training  program
  successfully completed, the name of the entity  providing  the  program,
  and the date on which the program was completed;
    (f)  History  of  work  in  home  care  services through any home care
  services entity, including  dates  of  employment  and  name  of  entity
  providing the employment;
    (g)   Final  findings  made  in  accordance  with  the  provisions  of
  statutorily established proceedings subject to the state  administrative
  procedure  act or other similar law, that the person engaged in physical
  abuse,  mistreatment,  neglect  or  misappropriation  of   a   patient's
  property, while serving the patient as a home care services worker or in
  another  capacity, the name of the governmental agency, case number if a
  number is  assigned,  and  date  of  determination,  together  with  any
  statement  concerning  such  determination submitted by the person, that
  may not identify any other person and may not exceed one  hundred  fifty
  words; and
    (h)  A  record  of  any  determination of the department regarding the
  approval  or  disapproval  of  a  prospective   employee   pursuant   to

  subdivision  five of section eight hundred forty-five-b of the executive
  law, together with any statement concerning such determination submitted
  by the person, that may not identify any other person and may not exceed
  one hundred fifty words.
    4.   The   registry   shall   include  a  comprehensive  list  of  all
  state-approved education or training programs. The list shall be updated
  at least monthly by the department and the state  education  department.
  The  respective  departments  shall  promptly submit updated information
  whenever such information changes.
    5. (a) The department shall specify which information for the registry
  shall be submitted  and  updated  by  the  state-approved  education  or
  training  program,  home  care  services  worker  and home care services
  entity, subject to the provisions of this subdivision.
    (b) Any entity that offers or provides a state-approved  education  or
  training   program   shall   provide   the   department   the  following
  documentation for every person who successfully  completes  any  program
  provided  by  the  entity,  in  the  form  and  manner  provided  by the
  department:
    (i) a written sworn statement by the senior  official  of  the  entity
  that  offers  or  provides  such program, made under penalty of perjury,
  certifying that each person  has  in  fact  successfully  completed  the
  identified  program, identifying each such person by name, address, date
  of birth and date on which such program was  completed,  and  describing
  the nature of the education or training covered in such program; and
    (ii)  proof  that  such  entity has verified the true identity of each
  person who has successfully completed the identified program.
    (c) A home care services worker  employed  by  a  home  care  services
  entity  shall  only  be  required  to  provide  for  the  registry  that
  information specified in paragraphs  (a),  (b),  (c),  (d)  and  (e)  of
  subdivision  three  of this section, and, to the best of their knowledge
  and recollection, paragraph (f) of subdivision three of this section.
    (d) The registry shall be updated at  least  monthly.  Any  person  or
  entity required or choosing to provide information to the registry shall
  promptly submit updated information whenever such information changes.
    6.  No  charges shall be imposed on any person or entity for any costs
  related to the registry.
    7. (a) Members of the public may access and obtain information in  the
  registry  through the department's website, except information specified
  in paragraphs (b) and (d) of subdivision  three  of  this  section.  The
  department  shall also provide toll-free telephone access for members of
  the public to access and obtain information from  the  registry,  except
  information  specified in paragraphs (b) and (d) of subdivision three of
  this section.
    (b) A home care services worker may access or obtain  any  information
  in the worker's own listing in the registry.
    (c)  A  home care services entity may access or obtain any information
  in the registry relating to any home care  services  worker  the  entity
  engages or is considering engaging to provide home care services.
    (d)  The  department shall include security mechanisms in the registry
  to implement this subdivision and to maintain a record of  accessing  or
  obtaining  information  from  the  registry  by every home care services
  entity.
    8. The department shall provide reasonable and appropriate timetables,
  notices and phase-in mechanisms for applying various provisions of  this
  section  to  state-approved  education  and training programs, home care
  services entities, persons  becoming  home  care  services  workers  and
  persons  already engaged as home care services workers. Persons employed
  as home care services workers on the  effective  date  of  this  section

  shall  be  registered  as soon as practicable, but not later than twelve
  months after such effective date.
    9.  The  commissioner  shall  make  rules  and  regulations reasonably
  necessary to implement the provisions of this section.
    * NB Effective September 25, 2009