N.Y. Public Health Law § 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