§ 2803-J*2 — Nursing home nurse aide registry

* § 2803-j. Nursing home nurse aide registry. 1. The department shall\ndevelop and maintain, or cause to be developed and maintained, a nurse\naide registry of individuals who have successfully completed a nurse\naide training program approved by the commissioner or the commissioner\nof education or the accrediting body of other states or federal\nauthorities including the military, and a competency evaluation program\napproved by the commissioner. The department, or any entity with which\nthe department contracts, may charge a fee not to exceed one hundred\nsixty-five dollars, adjusted annually to reflect increases in the\nconsumer price index for the purposes of implementing the competency\nevaluation program approved by the commissioner and maintaining the\nregistry, as provided for in this section.\n 2. In accordance with federal law and regulation, no charges shall be\nimposed on a nurse aide for any costs for the nurse aide training or\ncompetency evaluation program.\n 3. The nurse aide registry shall include, but not be limited to, the\nfollowing information:\n (a) Identification of individuals who have successfully completed a\nnurse aide training and competency evaluation program, or a nurse aide\ncompetency evaluation program;\n (b) Name, address (at time competency test was passed), and date of\nbirth, of individuals listed in the registry;\n (c) Name and date of state approved training and competency evaluation\nprogram successfully completed by an individual; and\n (d) In accordance with the provisions of section twenty-eight hundred\nthree-d of this article, findings of instances of physical abuse,\nmistreatment, neglect or misappropriation of resident property by a\nnurse aide in a nursing home, and any brief statement by the nurse aide\ndisputing the findings.\n 4. Notwithstanding any inconsistent provision of this article, unless\notherwise required by federal law or regulation as a condition of\nfederal aid, in which case such law or regulation shall be controlling\nand the provisions of paragraph a of subdivision seven of section\ntwenty-eight hundred seven of this article shall not apply, the cost of\nany fee charged pursuant to subdivision one of this section paid by a\nresidential health care facility shall be included in rates of payment\ndetermined in accordance with this article for such residential health\ncare facility based on estimated costs for a prospective rate period and\nsubsequently reconciled to actual expenses and statistics for such rate\nperiod by prospective adjustments of rates of payment.\n * NB There are 2 § 2803-j's\n