2018 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.
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