Section 4D. (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
''Employee organization'', a labor union or other organization, agency or employee representation committee, association, group or plan in which employees participate and which exists in whole or in part to deal with employers concerning matters incidental to employment relationships.
''Home care worker'', a person employed by a home care worker agency to provide personal care, homemaker, companion or chore services under the home care program established in section 4.
''Home care worker agency'', an entity employing home care workers to provide services under the home care program established in section 4 that is under contract with an aging services access point established in section 4B.
(b) The department shall establish and maintain a home care worker registry for home care workers employed by a home care worker agency.
A home care worker agency shall report the required home care worker registry information for each home care worker it employs on a paid, unpaid, temporary or permanent basis who is not exempt from the reporting requirement. Any exemptions from reporting shall be established in regulations promulgated by the department; provided, however, that the regulations shall include, but not be limited to, exemptions for victims of domestic violence, rape, sexual assault or stalking.
The department shall collect the following reported information concerning each home care worker: (i) the worker's full name; (ii) their assigned unique identification number; (iii) their gender; (iv) their home address; (v) their mailing address; (vi) the full legal name of any home care worker agency employing the home care worker; (vii) the worker's job title; and (viii) a list of home care trainings or certifications completed by the home care worker.
Reported information for each employed home care worker shall be submitted and regularly updated by each home care worker agency subject to this section. The registry shall be updated at least quarterly. A home care worker agency shall collect and maintain the required information and submit updated information in a timely manner as determined by the department. A home care worker shall not be responsible for any costs related to the registry.
The department shall only make a home care worker's full name, identification number, name of any home care worker agency employing the home care worker and a list of home care trainings or certifications completed by the home care worker available to the public unless such information is exempt from disclosure by the department. Upon request from an employee organization, home care worker agency or aging services access point, the department shall provide all reported information to such entity.
The department shall promulgate rules and regulations and shall provide such forms and notifications as may be necessary to implement this section; provided, however, that the department shall minimize any duplicate reporting that may be required of a home care agency.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 19a - Department of Elder Affairs
Section 1 - Establishment; Secretary, Powers and Duties
Section 2 - Offices of Administration and of Program Planning and Management; Assistant Secretaries
Section 3 - Divisions and Administrative Units; Directors; Description of Organization, Filing
Section 4a - Sliding Fee Scale for Home Care Services; Financial Eligibility Limits
Section 4b - Aging Services Access Points
Section 4d - Home Care Worker Registry
Section 5 - Citizen Advisory Boards
Section 7 - Acceptance of Gifts or Grants
Section 8 - Employees; Appointments and Removal; Age Restriction
Section 9 - Experts and Technical Consultants; Appointment
Section 10 - Civil Service Status or Tenure of Employees
Section 11 - Interagency Cooperation
Section 14 - Definitions Applicable to Secs. 14 to 26
Section 15 - Reports of Abuse; Liability
Section 16 - Protective Services System
Section 17 - Protective Services Agencies; Authorized Activities
Section 19 - Consent to Protective Services; Interference With Provision of Services
Section 21 - Geriatric Evaluation Process
Section 22 - Financial Eligibility Guidelines; Reimbursements by Elderly Persons
Section 23 - Records; Disclosure; Destruction; Regulations; Penalties
Section 25 - Rules and Regulations
Section 26 - Powers and Responsibilities of Other Departments or Agencies
Section 36 - Eligibility for Public Assistance Programs; Reverse Mortgage Proceeds
Section 37 - Hot Lunch Program; Incorporation Into School Lunch Program
Section 38 - Liability of Counselors and Coordinators; Description of Duties and Responsibilities
Section 40 - Prescription Drug Review Commission; Membership; Recommendations
Section 41 - Veterans Independence Plus Initiative Trust Fund
Section 42 - Commission on Malnutrition Prevention Among Older Adults