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12700-21907500The Commonwealth of MassachusettsExecutive Office of Elder AffairsOne Ashburton Place, 5th Floor-263525195580CHARLES D. BAKERGovernor00CHARLES D. BAKERGovernorBoston, Massachusetts 02108 4733925159385Tel: (617) 727-7750Fsx: (617) 727-9368elders00Tel: (617) 727-7750Fsx: (617) 727-9368elders KARYN E. POLITO Lieutenant Governor ELIZABETH C. CHEN, PhD, MBA, MPH SecretaryTo: Home Care Worker AgenciesFrom:The Massachusetts Executive Office of Elder AffairsDate:June 24, 2019Re:Implementation of the Home Care Worker RegistryBackground:Chapter 139 of the Acts of 2017 requires the Executive Office of Elder Affairs (EOEA) to create and implement a Home Care Worker Registry (Registry). The purpose of the registry is to make certain Home Care Worker information available to the public and employee organizations as specified by law. The regulations (651 CMR 16.00) establishing the Registry describe its administration and create an exemption process to protect the personal information of Home Care Workers covered by the regulations. Who is affected: Those affected by the requirements of the Registry regulations include Aging Services Access Points (ASAPs), the Home Care Worker Agencies that contract with ASAPs to provide home care services on behalf of EOEA’s State Home Care Program, and Home Care Workers.Data Collection Required for the Registry:After the Registry regulations take effect, EOEA will collect and organize relevant data and provide access to the Registry information as required by law. The law requires EOEA to collect from Home Care Worker Agencies the following information regarding non-exempt Home Care Workers employed on a paid, unpaid, temporary or permanent basis:full namegenderhome addressmailing addressthe full legal name of the Home Care Worker Agency employing the Home Care Workerjob title and a list of any home care trainings or certification completed by the Home Care WorkerInformation Management and Release:EOEA will assign a unique identification number (ID) for each person included in the Registry. Only a Home Care Worker’s full name, ID, the name of the Home Care Worker Agency that employs the Home Care Worker, and a list of reported home care trainings or certifications will be available to the public. The Home Care Worker’s gender, home address, mailing address, and job title will be made available only by request by certain entities included in the law. The entities that can request EOEA provide such information are Home Care Worker Agencies, ASAPs, and Employee Organizations (as defined by the regulations). Such information, upon release, shall be maintained and secured in accordance with the regulations and shall not be released to any other third parties. Home Care Worker Registry data will be updated on a quarterly basis and only data available from the most recent quarter shall be made available to the public or qualified entities.Exemptions:Home Care Workers may qualify for an exemption from participating in the Registry if they meet any of the following criteria:The Home Care Worker is a victim of domestic violence, rape, sexual assault, and/or stalking;The Home Care Worker is protected by a Protective Order, A Harassment Prevention Order, or a General Protection Order issued by a court of law;The Home Care Worker asserts that extraordinary personal circumstances require an exemption be granted to protect their health, safety, or welfare To claim an exemption, a Home Care Worker must sign the enclosed Exemption Form and submit it to their employer. Home Care Worker Agencies shall review and approve all properly completed Exemption Forms received and remove the data for each exempt employee from its data set to be submitted to EOEA.Responsibilities:In accordance with the Registry regulations, Home Care Worker Agencies shall:Designate an employee to work with EOEA for the purpose of complying with the requirements of these regulations.Provide EOEA written notices to all employees subject to these regulations and informing employees about the Registry and their rights and rm and provide training to Home Care Workers regarding the exemption process set forth in 651 CMR 16.06(3) and ensure that Home Care Workers have access to the exemption process as necessary.Attest to EOEA that the Home Care Worker Agency has complied with the Home Care Worker written notice and exemption requirements established under these regulations.Submit all non-exempt Home Care Worker data to EOEA in a timely manner using the file data structure identified by EOEA, and submit it using an EOEA-approved method, such as secure email or SFTP. The data submission shall serve as an attestation that the required data submission is current and accurate.Ensure Home Care Workers covered by the regulations do not face adverse employment consequences as a result of their participation in the Registry or claim of exemption.Ensure that Home Care Workers do not bear any cost related to the implementation or maintenance of the RegistryCreate, maintain, and retain all relevant records necessary to comply with these regulations.Deadlines:June 28Documents distributed to Home Care Worker AgenciesNo later than July 29Home Care Worker Agencies distribute information/forms to Home Care WorkersNo later than August 27Home Care Workers return exemption forms to Home Care AgenciesNo later than September 26Home Care Worker Agencies submit Home Care Worker Data to EOEANo later than December 26EOEA publishes the public information portion of the RegistryEOEA will provide notice of subsequent of required quarterly updates of the Registry. If you have any questions regarding the Registry, please feel free to contact Lesley Moreau at the Executive Office of Elder Affairs at hcwregistry@massmail.state.ma.us or 617-573-1758. ................
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