Haw. Code R. § 16-89A-5 - Implementation and maintenance of registry
(a) The department
shall establish and maintain a registry of all nurse aides who have been
certified by the department as nurse aides to work in either a medicare or
medicaid nursing facility or in state-licensed or state-certified health care
settings or who have been deemed to meet the certification requirements by
reciprocity or the nurse aide has been deemed to have met the requirements
pursuant to
42 C.F.R.
§483.150(b). No charge
for the maintenance of this registry shall be imposed upon nurse aides working
in a medicare or medicaid certified nursing facility. The registry shall be
sufficiently accessible to promptly meet the needs of the public and health
care providers. The record of successful certification shall be included in the
registry within thirty days.
(b)
The registry shall contain the following information which shall be considered
confidential unless otherwise specified herein or as provided by law:
(1) The nurse aide's full name;
(2) The nurse aide's home address, home and
work telephone numbers, and social security number or other identifying
information, and verification that the nurse aide is at least eighteen years of
age;
(3) The nurse aide's place of
employment;
(4) The date when the
nurse aide became eligible for entry in the registry by successfully completing
certification or the date when the nurse aide was deemed to have met the
requirements pursuant to
42 C.F.R.
§483.150(b);
(5) Any substantiated finding of abuse,
neglect, or misappropriation of resident's property by the nurse aide
documented and reported by the department of health or the department of human
services to the registry within ten working days of that finding. If there is a
substantiated finding of resident abuse, neglect, or misappropriation of
resident's property from another state's registry against an individual
applying as a nurse aide in this State, that finding shall be listed in this
State's registry. Except as provided herein, only the department of health or
the department of human services may formulate a substantiated finding for a
nurse aide. The director's role, with regard to disciplining nurse aides, shall
be limited to the placement of a substantiated finding and related information
in the registry. Any appeal regarding the reporting and placement of a
substantiated finding in the registry shall be made to the department of health
or the department of human services, whichever department was responsible for
reporting that finding for placement in the registry. The substantiated finding
shall include:
(A) Documentation of the
State's investigation, including the nature of the allegation, the evidence
that led the department of health or the department of human services to
conclude that the allegation was valid, and any other documentation of the
department of health's investigation or the department of human services'
investigation as deemed appropriate by the State or the nurse aide's criminal
conviction;
(B) The date of the
hearing, if requested by the nurse aide, and the outcome; and
(C) The nurse aide's statement disputing the
allegation, if the nurse aide chooses to make a statement; and 89A-5 §
16-89A-5
(6) The
information in paragraph (5) shall remain in the registry permanently, unless
the information is removed in accordance with section 16-89A-6.
(c) Except as provided by law, the
department shall disclose to any person all of the information provided in the
subsections (b)(1), (3), (4), and (5).
(d) The department of health or the
department of human services, as applicable, shall promptly provide a nurse
aide, who is listed with the registry, with all information in the registry
when adverse findings are reported to and placed in the registry and upon a
nurse aide's request for information. A nurse aide may correct any
misstatements or inaccuracies in that nurse aide's entry in the registry by
making a request in writing to the department of health or the department of
human services, as applicable. If a nurse aide disagrees with the department of
health's or the department of human services' decision regarding the correction
of an entry for that nurse aide, the nurse aide may request a contested case
hearing in accordance with chapter 91, Hawaii Revised Statutes.
(e) A nurse aide may be removed from the
registry in accordance with section 16-89A-6. If, after removal from the
registry, a nurse aide wishes to be restored to the registry, that nurse aide
shall complete the certification process as a new applicant in accordance with
section 16-89A-3.
(f) The
department may contract the daily operation and maintenance of the registry to
a non-state entity, while the State retains accountability for oversight of the
registry.
Notes
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