2021 New York Laws
PBH - Public Health
Article 28 - Hospitals
2803-J*2 - Nursing Home Nurse Aide Registry.

* §  2803-j. Nursing home nurse aide registry. 1. The department shall
develop and maintain, or cause to be developed and maintained,  a  nurse
aide  registry  of  individuals  who have successfully completed a nurse
aide training program approved by the commissioner or  the  commissioner
of  education  or  the  accrediting  body  of  other  states  or federal
authorities including the military, and a competency evaluation  program
approved  by  the commissioner. The department, or any entity with which
the department contracts, may charge a fee not  to  exceed  one  hundred
sixty-five  dollars,  adjusted  annually  to  reflect  increases  in the
consumer price index for the purposes  of  implementing  the  competency
evaluation  program  approved  by  the  commissioner and maintaining the
registry, as provided for in this section.
  2. In accordance with federal law and regulation, no charges shall  be
imposed  on  a  nurse  aide for any costs for the nurse aide training or
competency evaluation program.
  3. The nurse aide registry shall include, but not be limited  to,  the
following information:
  (a)  Identification  of  individuals who have successfully completed a
nurse aide training and competency evaluation program, or a  nurse  aide
competency evaluation program;
  (b)  Name,  address  (at time competency test was passed), and date of
birth, of individuals listed in the registry;
  (c) Name and date of state approved training and competency evaluation
program successfully completed by an individual; and
  (d) In accordance with the provisions of section twenty-eight  hundred
three-d  of  this  article,  findings  of  instances  of physical abuse,
mistreatment, neglect or misappropriation  of  resident  property  by  a
nurse  aide in a nursing home, and any brief statement by the nurse aide
disputing the findings.
  4. Notwithstanding any inconsistent provision of this article,  unless
otherwise  required  by  federal  law  or  regulation  as a condition of
federal aid, in which case such law or regulation shall  be  controlling
and  the  provisions  of  paragraph  a  of  subdivision seven of section
twenty-eight hundred seven of this article shall not apply, the cost  of
any  fee  charged  pursuant to subdivision one of this section paid by a
residential health care facility shall be included in rates  of  payment
determined  in  accordance with this article for such residential health
care facility based on estimated costs for a prospective rate period and
subsequently reconciled to actual expenses and statistics for such  rate
period by prospective adjustments of rates of payment.
  * NB There are 2 § 2803-j's