Section 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.[Eff 2/12/09] (Auth: HRS § 457A-3) (Imp: HRS §§ 457A-1.5, 457A-2, 457A-3, 457A-7, 457A-8)