Today's Law As Amended

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AB-1513 Registered home care aides: disclosure of contact information.(2017-2018)



SECTION 1.

 Section 1796.29 of the Health and Safety Code is amended to read:

1796.29.
 The department shall do all of the following in the administration of the home care aide registry:
(a) Establish and maintain on the department’s Internet Web site the registry of registered home care aides and home care aide applicants.
(1) To expedite the ability of a consumer to determine if a registered home care aide or home care aide applicant has passed a background examination, pursuant to Section 1796.23, the Internet Web site shall enable consumers to look up the registration status by providing the registered home care aide’s or home care aide applicant’s name and registration number. The Internet Web site shall also  provide the registration status, the status of the background examination, the  registration expiration date, and, if applicable, the home care organization with which the affiliated home care aide is associated.
(2) The Internet Web site shall not provide any additional, individually identifiable information about a registered home care aide or home care aide applicant. The department may request and may maintain additional information for registered home care aides or home care aide applicants, as necessary for the administration of this chapter, that shall not be publicly available on the home care aide registry.
(b) Update the home care aide  registry upon receiving notification from a home care organization that an affiliated home care aide is no longer employed by the home care organization.
(c) Notwithstanding any other provision of this chapter to the contrary, information regarding a registered home care aide or registered home care aide applicant  is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (d).
(d) (1) Beginning  For any new registration or renewal of registration occurring on and after July 1, 2019, the department shall provide   September 1, 2018,  an electronic copy of a registered home care aide’s name, telephone number, and cellular telephone number  number, if available,  on file with the department, upon its  department shall be made available, upon  request, to a labor organization in which a provider of in-home supportive services, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or a registered home care aide, already participates and which exists for the purpose, in whole or in part, of dealing with employers of home care aides concerning access to training, grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. The labor organization shall not use this information for any purpose other than employee organizing, representation, and assistance activities. The labor organization shall not disclose this information to any other party.
(2) (e)  The department shall establish a simple opt-out procedure by which a registered home care aide or registered home care aide applicant  may request that his or her contact information on file with the department not be disclosed in response to a request described in paragraph (1). subdivision (d). 
(e) At the time of any registration or renewal of registration occurring on and after July 1, 2019, the department shall do both of the following:
(f)  (1) Provide a  On or before July 1, 2018, the department shall provide  written notice to the registering or  all  registered home care aide that his or her  aides that registered before July 1, 2018, that their  information may be shared with a labor organization, as described in paragraph (1) of subdivision (d). subdivision (d). The written notice shall provide a registered home care aide the option to change his or her mailing address on file with the department. The written notice shall also include instructions on how to utilize the opt-out procedure described in subdivision (e). 
(2) Provide written instructions on how to utilize the simple opt-out procedure Commencing July 1, 2018, the department shall provide the written notice  described in paragraph (2) of subdivision (d). (1) as part of the application process to become a registered home care aide. 
(f) (g)  This section applies solely to an individual who provides services as a home care aide under this chapter.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.