2023 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, 2029
* (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, 2029
(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.
7-a.    The   department   shall   make   the   contact   details   of
department-approved education or training programs that offer competency
exams to home health aides available on  the  department's  website  and
readily accessible by the public.
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, 2029
* 9. The commissioner shall  make  rules  and  regulations  reasonably
necessary to implement the provisions of this section.
* NB Effective March 31, 2029
* 10.  The  commissioner  shall  make rules and regulations reasonably
necessary to implement the provisions of this section.
* NB Effective until March 31, 2029