1. As used in this section, the following terms shall have the following meanings:

1. (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.
2. (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.
3. (c) "Home care services worker registry" or "registry" means the home care services worker registry established by this section.
4. (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.

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:

1. (a) Full name, including pre-marital name and any other names currently or previously used;
2. (b) Current home address;
3. (c) Gender;
4. (d) Date of birth;
5. (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;
6. (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;
7. (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
8. (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.

5.

1. (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.

2. (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:

   1. (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
   2. (ii) proof that such entity has verified the true identity of each person who has successfully completed the identified program.
3. (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.
4. (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.

7.

1. (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.
2. (b) A home care services worker may access or obtain any information in the worker's own listing in the registry.
3. (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.
4. (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.