* § 2803-j. Nursing home nurse aide registry. 1. The department shall
develop and maintain, or cause to be developed and maintained, a nurse
aide registry of individuals who have successfully completed a nurse
aide training program approved by the commissioner or the commissioner
of education or the accrediting body of other states or federal
authorities including the military, and a competency evaluation program
approved by the commissioner. The department, or any entity with which
the department contracts, may charge a fee not to exceed one hundred
sixty-five dollars, adjusted annually to reflect increases in the
consumer price index for the purposes of implementing the competency
evaluation program approved by the commissioner and maintaining the
registry, as provided for in this section.

2. In accordance with federal law and regulation, no charges shall be
imposed on a nurse aide for any costs for the nurse aide training or
competency evaluation program.

3. The nurse aide registry shall include, but not be limited to, the
following information:

(a) Identification of individuals who have successfully completed a
nurse aide training and competency evaluation program, or a nurse aide
competency evaluation program;

(b) Name, address (at time competency test was passed), and date of
birth, of individuals listed in the registry;

(c) Name and date of state approved training and competency evaluation
program successfully completed by an individual; and

(d) In accordance with the provisions of section twenty-eight hundred
three-d of this article, findings of instances of physical abuse,
mistreatment, neglect or misappropriation of resident property by a
nurse aide in a nursing home, and any brief statement by the nurse aide
disputing the findings.

4. Notwithstanding any inconsistent provision of this article, unless
otherwise required by federal law or regulation as a condition of
federal aid, in which case such law or regulation shall be controlling
and the provisions of paragraph a of subdivision seven of section
twenty-eight hundred seven of this article shall not apply, the cost of
any fee charged pursuant to subdivision one of this section paid by a
residential health care facility shall be included in rates of payment
determined in accordance with this article for such residential health
care facility based on estimated costs for a prospective rate period and
subsequently reconciled to actual expenses and statistics for such rate
period by prospective adjustments of rates of payment.

* NB There are 2 § 2803-j's