(A) The Department
shall establish and maintain a registry of all individuals who have met the
federal requirements for competency contained in 42 USC § 1396r and have
been certified as nurse aides for employment in a facility.
(B) A facility, other than a rest home, must
not hire or employ on a paid, unpaid, temporary or permanent basis, any
individual working as a nurse aide for more than four months, unless that
individual has completed training within 90 days in accordance with
105 CMR
156.100: Responsibilities of the
Facility, and is listed in the Registry as having demonstrated
competency in accordance with 105 CMR 155.016
(C) The Registry shall also contain the
following:
(1) specific, documented findings
or adjudicated findings of patient or resident abuse, neglect, mistreatment or
misappropriation of patient or resident property by nurse aides, home health
aides and homemakers. The documentation must include:
(a) the name, address, telephone number and
social security number of such individual;
(b) the nature of the allegation and the
record number identifying the documents on which the Department's conclusion
were based; and
(c) the date of the
hearing if such individual chose to have one, and its outcome.
(2) a brief statement by the
accused nurse aide, home health aide or homemaker disputing the findings, if
such individual chooses to provide such statement;
(3) if the Department imposed any suspension
or probationary period on the nurse aide, home health aide or homemaker, the
dates for which such suspension or probation is in effect; and
(4) if known to the Department, any guilty
findings made against such individual by a court of law, or any guilty pleas,
nolo contendere pleas, or admission to facts sufficient to support a guilty
finding made in a court of law by such individual accused of patient or
resident abuse, neglect, mistreatment, or misappropriation of patient or
resident property.
(D)
Disclosure of information on the Registry:
(1)
the Department must disclose information regarding findings and adjudicated
findings of patient or resident abuse, neglect, mistreatment or
misappropriation of patient or resident property, other sanctions imposed
against any nurse aide, home health aide or homemaker, as well as any
information regarding guilty findings, guilty pleas, nolo
contendere pleas or admitted to sufficient facts to support a guilty
finding made by such individual in a court of law.
(2) when disclosing such information
regarding any nurse aide, home health aide or homemaker, the Department shall
also disclose any statement made by such individual disputing the
findings.
