[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR483.156]



[Page 564-565]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 483_REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table of

Contents

 

 Subpart D_Requirements That Must Be Met by States and State Agencies: 

    Nurse Aide Training and Competency Evaluation, and Paid Feeding 

                               Assistants

 

Sec.  483.156  Registry of nurse aides.



    (a) Establishment of registry. The State must establish and maintain 

a registry of nurse aides that meets the requirement of this section. 

The registry--

    (1) Must include as a minimum the information contained in paragraph 

(c) of this section:

    (2) Must be sufficiently accessible to meet the needs of the public 

and health care providers promptly;

    (3) May include home health aides who have successfully completed a 

home health aide competency evaluation program approved by the State if 

home health aides are differentiated from nurse aides; and

    (4) Must provide that any response to an inquiry that includes a 

finding of abuse, neglect, or misappropriation of property also include 

any statement disputing the finding made by the nurse aide, as provided 

under paragraph (c)(1)(ix) of this section.

    (b) Registry operation. (1) The State may contract the daily 

operation and maintenance of the registry to a non-State entity. 

However, the State must maintain accountability for overall operation of 

the registry and compliance with these regulations.

    (2) Only the State survey and certification agency may place on the 

registry findings of abuse, neglect, or misappropriation of property.

    (3) The State must determine which individuals who (i) have 

successfully completed a nurse aide training and competency evaluation 

program or nurse aide competency evaluation program; (ii) have been 

deemed as meeting these requirements; or (iii) have had these 

requirements waived by the State do not qualify to remain on the 

registry because they have performed no nursing or nursing-related 

services for a period of 24 consecutive months.

    (4) The State may not impose any charges related to registration on 

individuals listed in the registry.

    (5) The State must provide information on the registry promptly.

    (c) Registry Content. (1) The registry must contain at least the 

following information on each individual who has successfully completed 

a nurse aide training and competency evaluation program which meets the 

requirements of Sec.  483.152 or a competency evaluation which meets the 

requirements of Sec.  483.154 and has been found by the State to be 

competent to function as a nurse aide or who may function as a nurse 

aide because of meeting criteria in Sec.  483.150:

    (i) The individual's full name.

    (ii) Information necessary to identify each individual;

    (iii) The date the individual became eligible for placement in the 

registry through successfully completing a nurse aide training and 

competency evaluation program or competency evaluation program or by 

meeting the requirements of Sec.  483.150; and

    (iv) The following information on any finding by the State survey 

agency of abuse, neglect, or misappropriation of property by the 

individual:

    (A) Documentation of the State's investigation, including the nature 

of the allegation and the evidence that led the State to conclude that 

the allegation was valid;

    (B) The date of the hearing, if the individual chose to have one, 

and its outcome; and

    (C) A statement by the individual disputing the allegation, if he or 

she chooses to make one; and

    (D) This information must be included in the registry within 10 

working days of the finding and must remain in the registry permanently, 

unless the finding was made in error, the individual was found not 

guilty in a court of law, or the State is notified of the individual's 

death.

    (2) The registry must remove entries for individuals who have 

performed no nursing or nursing-related services for a period of 24 

consecutive months, unless the individual's registry entry includes 

documented findings of abuse, neglect, or misappropriation of property.

    (d) Disclosure of information. The State must--

    (1) Disclose all of the information in Sec.  483.156(c)(1) (iii) and 

(iv) to all requesters and may disclose additional information it deems 

necessary; and

    (2) Promptly provide individuals with all information contained in 

the registry on them when adverse findings are placed on the registry 

and upon request. Individuals on the registry must have sufficient 

opportunity to correct



[[Page 565]]



any misstatements or inaccuracies contained in the registry.



[56 FR 48919, Sept. 26, 1991; 56 FR 59331, Nov. 25, 1991]