NY Pub Health L § 3613 (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3613 - Home Care Services Workers.

§  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