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This entry was published on 2020-04-17
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SECTION 3613
Home care services workers
Public Health (PBH) CHAPTER 45, ARTICLE 36
§ 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, or an
enhanced assisted living residence licensed under article seven of the
social services law and certified under article forty-six-B of this
chapter providing enhanced assisted living services. A hospice program
under article forty of this chapter providing hospice care in a
patient's home shall be considered a home care services entity only for
the purpose of compliance with the home care services worker registry.

* NB Effective until March 31, 2023

* (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.

* NB Effective March 31, 2023

(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.

1-a. Each home care services worker shall obtain an individual unique
identifier from the state by or before a date determined by the
commissioner in consultation with the Medicaid inspector general. Any
personal information submitted to obtain such unique identifier shall be
maintained as confidential pursuant to article six-A of the public
officers law ("New York state privacy protection law").

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 department shall indicate within the home care services
worker registry when a home health aide has satisfied all applicable
training and recertification requirements and has passed the applicable
competency examinations necessary to perform advanced tasks pursuant to
subdivision two of section sixty-nine hundred eight of the education law
and regulations issued thereto. Any limitation or revocation of the
advanced home health aide's authorization also shall be indicated on the
registry.

* NB Effective until March 31, 2023

* 9. The commissioner shall make rules and regulations reasonably
necessary to implement the provisions of this section.

* NB Effective March 31, 2023

* 10. The commissioner shall make rules and regulations reasonably
necessary to implement the provisions of this section.

* NB Effective until March 31, 2023