§ 3613 — Home care services workers

§ 3613. Home care services workers. 1. As used in this section, the\nfollowing terms shall have the following meanings:\n * (a) "Home care services entity" means a home care services agency or\nother entity providing home care services subject to this article or\nexempt under section thirty-six hundred nineteen of this article, or an\nenhanced assisted living residence licensed under article seven of the\nsocial services law and certified under article forty-six-B of this\nchapter providing enhanced assisted living services. A hospice program\nunder article forty of this chapter providing hospice care in a\npatient's home shall be considered a home care services entity only for\nthe purpose of compliance with the home care services worker registry.\n * NB Effective until March 31, 2029\n * (a) "Home care services entity" means a home care services agency or\nother entity providing home care services subject to this article or\nexempt under section thirty-six hundred nineteen of this article.\n * NB Effective March 31, 2029\n (b) "Home care services worker" or "worker" means any person engaged\nin or applying to become engaged in providing home health aide services,\nas defined in subdivision four of section three thousand six hundred two\nof this article or "personal care services", as defined in subdivision\nfive of section three thousand six hundred two of this article.\n (c) "Home care services worker registry" or "registry" means the home\ncare services worker registry established by this section.\n (d) "State-approved education or training program" or "program" means\na program that provides education or training for persons to meet any\nrequirement established by the department for providing home health aide\nservices or personal care services, which program is approved by the\ndepartment or the state education department.\n 1-a. Each home care services worker shall obtain an individual unique\nidentifier from the state by or before a date determined by the\ncommissioner in consultation with the Medicaid inspector general. Any\npersonal information submitted to obtain such unique identifier shall be\nmaintained as confidential pursuant to article six-A of the public\nofficers law ("New York state privacy protection law").\n 2. The department shall develop and maintain a home care services\nworker registry of persons who have successfully completed a\nstate-approved education or training program. Information in the\nregistry shall be readily accessible on the department's website by the\npublic, home care services workers, and home care services entities,\nsubject to subdivision seven of this section. A home care services\nentity shall obtain information relating to a home care services worker,\npursuant to paragraph (c) of subdivision seven of this section, prior to\nthe worker beginning to provide home care services for that entity,\nexcept that a home care services worker employed by any entity prior to\nthe effective date of this section may provide home care services as\nprovided in subdivision eight of this section. No employer of a home\ncare services worker other than a home care services entity shall be\nrequired to obtain information from the registry.\n 3. The registry shall include, but not be limited to, the following\ninformation concerning each person who has successfully completed a\nstate-approved education or training program that is listed in the\nregistry:\n (a) Full name, including pre-marital name and any other names\ncurrently or previously used;\n (b) Current home address;\n (c) Gender;\n (d) Date of birth;\n (e) Name of each state-approved education or training program\nsuccessfully completed, the name of the entity providing the program,\nand the date on which the program was completed;\n (f) History of work in home care services through any home care\nservices entity, including dates of employment and name of entity\nproviding the employment;\n (g) Final findings made in accordance with the provisions of\nstatutorily established proceedings subject to the state administrative\nprocedure act or other similar law, that the person engaged in physical\nabuse, mistreatment, neglect or misappropriation of a patient's\nproperty, while serving the patient as a home care services worker or in\nanother capacity, the name of the governmental agency, case number if a\nnumber is assigned, and date of determination, together with any\nstatement concerning such determination submitted by the person, that\nmay not identify any other person and may not exceed one hundred fifty\nwords; and\n (h) A record of any determination of the department regarding the\napproval or disapproval of a prospective employee pursuant to\nsubdivision five of section eight hundred forty-five-b of the executive\nlaw, together with any statement concerning such determination submitted\nby the person, that may not identify any other person and may not exceed\none hundred fifty words.\n 4. The registry shall include a comprehensive list of all\nstate-approved education or training programs. The list shall be updated\nat least monthly by the department and the state education department.\nThe respective departments shall promptly submit updated information\nwhenever such information changes.\n 5. (a) The department shall specify which information for the registry\nshall be submitted and updated by the state-approved education or\ntraining program, home care services worker and home care services\nentity, subject to the provisions of this subdivision.\n (b) Any entity that offers or provides a state-approved education or\ntraining program shall provide the department the following\ndocumentation for every person who successfully completes any program\nprovided by the entity, in the form and manner provided by the\ndepartment:\n (i) a written sworn statement by the senior official of the entity\nthat offers or provides such program, made under penalty of perjury,\ncertifying that each person has in fact successfully completed the\nidentified program, identifying each such person by name, address, date\nof birth and date on which such program was completed, and describing\nthe nature of the education or training covered in such program; and\n (ii) proof that such entity has verified the true identity of each\nperson who has successfully completed the identified program.\n (c) A home care services worker employed by a home care services\nentity shall only be required to provide for the registry that\ninformation specified in paragraphs (a), (b), (c), (d) and (e) of\nsubdivision three of this section, and, to the best of their knowledge\nand recollection, paragraph (f) of subdivision three of this section.\n (d) The registry shall be updated at least monthly. Any person or\nentity required or choosing to provide information to the registry shall\npromptly submit updated information whenever such information changes.\n 6. No charges shall be imposed on any person or entity for any costs\nrelated to the registry.\n 7. (a) Members of the public may access and obtain information in the\nregistry through the department's website, except information specified\nin paragraphs (b) and (d) of subdivision three of this section. The\ndepartment shall also provide toll-free telephone access for members of\nthe public to access and obtain information from the registry, except\ninformation specified in paragraphs (b) and (d) of subdivision three of\nthis section.\n (b) A home care services worker may access or obtain any information\nin the worker's own listing in the registry.\n (c) A home care services entity may access or obtain any information\nin the registry relating to any home care services worker the entity\nengages or is considering engaging to provide home care services.\n (d) The department shall include security mechanisms in the registry\nto implement this subdivision and to maintain a record of accessing or\nobtaining information from the registry by every home care services\nentity.\n 7-a. The department shall make the contact details of\ndepartment-approved education or training programs that offer competency\nexams to home health aides available on the department's website and\nreadily accessible by the public.\n 8. The department shall provide reasonable and appropriate timetables,\nnotices and phase-in mechanisms for applying various provisions of this\nsection to state-approved education and training programs, home care\nservices entities, persons becoming home care services workers and\npersons already engaged as home care services workers. Persons employed\nas home care services workers on the effective date of this section\nshall be registered as soon as practicable, but not later than twelve\nmonths after such effective date.\n * 9. The department shall indicate within the home care services\nworker registry when a home health aide has satisfied all applicable\ntraining and recertification requirements and has passed the applicable\ncompetency examinations necessary to perform advanced tasks pursuant to\nsubdivision two of section sixty-nine hundred eight of the education law\nand regulations issued thereto. Any limitation or revocation of the\nadvanced home health aide's authorization also shall be indicated on the\nregistry.\n * NB Effective until March 31, 2029\n * 9. The commissioner shall make rules and regulations reasonably\nnecessary to implement the provisions of this section.\n * NB Effective March 31, 2029\n * 10. The commissioner shall make rules and regulations reasonably\nnecessary to implement the provisions of this section.\n * NB Effective until March 31, 2029\n