Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 16.00 - Home Care Worker Registry
Section 16.06 - Home Care Worker Data

Universal Citation: 651 MA Code of Regs 651.16

Current through Register 1531, September 27, 2024

(1) Data Elements.

(a) HCW Agencies shall collect the following information from all nonexempt HCWs employed by the HCW Agency on a paid, unpaid, temporary, or permanent basis:
1. full name;

2. gender;

3. home address;

4. mailing address;

5. the full legal name of any Home Care Worker Agency employing the home care worker;

6. the worker's job title; and

7. a list of any home care trainings or certifications completed by the home care worker.

(b) To comply with the requirements of the Registry, an HCW may opt to submit a residential address, mailing address or address assigned to them as a qualified individual by the Address Confidentiality Program administered by the Secretary of the Commonwealth in accordance with M.G.L. c. 9A.

(2) Required Safeguards.

(a) HCW Agencies, Employee Organizations, or ASAPs collecting or accessing HCW Data shall develop, implement and maintain an information security program to safeguard the confidentiality, integrity and availability of HCW Data. An information security program must, at a minimum, address the following:
1. Safeguards to protect the administrative, physical and technical security of the HCW Data including, but not limited to, encrypting the data in transmission and at rest, providing secure hashed passwords to access systems containing HCW Data, monitoring information systems to ensure no inappropriate access occurs, provisioning access on an as-necessary basis, and limiting access to locations where information is used, processed, or stored;

2. Ongoing monitoring of safeguards to ensure the security of HCW Data;

3. Staff training with respect to information security, the safeguards and secure data handling of the HCW Data;

4. Ensuring that terminated employees do not have access to the HCW Data; and,

5. Reviewing the safeguards and implementation of such safeguards annually to ensure they operate reasonably to protect the confidentiality, integrity and availability of HCW Data.

(b) HCW Agencies, Employee Agencies, or ASAPs collecting or accessing HCW Data shall take reasonable steps to ensure all third-party technical service providers engaged for the purpose of complying with these regulations adhere to the requirements of 651 CMR 16.06(3)(a).

(3) Exemptions.

(a) An HCW may elect to instruct his or her HCW Agency with whom he or she is employed to withhold his or her personal HCW Data from submission to EOEA for inclusion in the Registry by asserting he or she qualifies for an exemption.

(b) Registry exemptions shall be extended to any HCW who:
1. is a victim of Domestic Violence, Rape, Sexual Assault, and/or Stalking;

2. is protected by a Protective Order, a Harassment Prevention Order or a General Protection Order; or

3. asserts that extraordinary personal circumstances require an exemption be granted to protect the health, safety or welfare of an HCW.

(c) An HCW may claim an exemption by completing an exemption form and submitting it to each HCW Agency with whom he or she is employed. In completing the exemption form, the HCW shall assert his or her eligibility for an exemption.

(d) An HCW claiming an exemption is not required to submit proof that he or she qualifies for an exemption.

(e) EOEA shall design and approve Registry exemption forms in accordance with 651 CMR 16.00 and make them available to the public in an electronic format. HCW Agencies shall make such forms available to HCWs and EOEA shall provide exemption forms on request to HCWs.

(f) HCW Agencies shall ensure all HCWs in their employ are aware of the exemption process.

(g) The HCW Agency shall review and approve all exemption requests consistent with the requirements of 651 CMR 16.06(3), and ensure all exempted HCW Data is not included in the data file to be submitted to EOEA.

(h) An HCW may file an exemption form with an HCW Agency at any time. In the event an exemption is asserted by an HCW after their HCW Data has been published in the Registry, the HCW Agency shall immediately inform EOEA of the exemption request and EOEA shall attempt to remove the exempt data from the Registry as soon as is reasonably possible.

(4) Format. The HCW Agency shall compile the collected HCW Data in a commercially available electronic format specified by EOEA. The HCW Agency shall also send the compiled HCW Data to EOEA via a process determined by EOEA. EOEA may, as necessary to ensure the effective and efficient operation of the Registry, modify the format requirements with written notice to the HCW Agencies.

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