Massachusetts General Laws
Chapter 19a - Department of Elder Affairs
Section 4d - Home Care Worker Registry

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

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 4 - Home Care Program; Needs and Services of Adult Handicapped; Powers and Duties of Secretary

Section 4a - Sliding Fee Scale for Home Care Services; Financial Eligibility Limits

Section 4b - Aging Services Access Points

Section 4c - Pharmacy Outreach Program; Medication Education and Intervention Resource Center; Executive Office of Elder Affairs

Section 4d - Home Care Worker Registry

Section 5 - Citizen Advisory Boards

Section 6 - Regulations

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 12 - Biennial Evaluations of Programs and Projects; Standards, Restriction; Publication of Summaries; Annual Report

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 18 - Assessment and Evaluation of Reports; Investigations; Arrangement for Protective Services

Section 19 - Consent to Protective Services; Interference With Provision of Services

Section 20 - Lack of Capacity to Consent to Protective Services; Hearings; Emergency Orders; Placement or Commitment

Section 21 - Geriatric Evaluation Process

Section 22 - Financial Eligibility Guidelines; Reimbursements by Elderly Persons

Section 23 - Records; Disclosure; Destruction; Regulations; Penalties

Section 24 - Reports

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 39 - Subsidized Catastrophic Prescription Drug Insurance Program; Department of Elder Affairs

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

Section 43 - Prevention and Elimination of Discrimination Based on Sexual Orientation and Gender Identity and Expression; Training Program