Establishment and Content of the Registry for Nurse Aides, Home Health Aides and Homemakers

(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.