A. The Director of Human Services shall promulgate rules to establish and maintain a community services worker registry. Such rules may include, but need not be limited to: 1. A procedure for notation in such registry of a final investigative finding by the Office of Client Advocacy within the State Department of Health or a finding by an Administrative Law Judge of maltreatment of an individual by a community services worker or a Medicaid personal care assistant; 2. A procedure for notice and due process for a community services worker, or a Medicaid personal care assistant, or applicant before the entering of such person’s name in the registry as having a final Office of Client Advocacy investigative finding or Administrative Law Judge finding of maltreatment of an individual; 3. Disclosure requirements for information in the registry; and 4. Procedures for granting a waiver of the provisions of paragraph 1 of subsection G of Section 1025.2 of this title by the Director of Human Services. B. The community services worker registry shall include, but not be limited to, the following information on each community services worker and each Medicaid personal care assistant: 1. The individual’s full name; 2. Information necessary to identify each individual; 3. The date the individual’s name was placed in the registry; and 4. Information on any final Office of Client Advocacy investigative finding or Administrative Law Judge finding of maltreatment concerning the worker. C. The Office of Client Advocacy shall promptly report final investigative findings to the Department of Human Services for the purposes of the community services worker registry. D. A community services worker, a Medicaid personal care assistant, or applicant who is adversely affected by an Administrative Law Judge finding of maltreatment of an individual may seek judicial review pursuant to Article II of the Administrative Procedures Act. The finding of the Administrative Law Judge may be appealed to the district court of the county in which the community services worker, Medicaid personal care assistant, or applicant resides within thirty (30) days of the date of the decision. A copy of the petition shall be served by mail upon the general counsel of the Department of Human Services. E. An investigation conducted under Section 1025.1 et seq. of this title shall include a process for notifying a community services provider of areas of concern and administrative information. An area of concern or administrative information shall not be considered final investigative findings, nor shall the area of concern or administrative information be included in a final investigative report of the Office of Client Advocacy. The Office shall develop a procedure by which a community services provider may request an investigative status update within ten (10) calendar days of the initiation of an investigation conducted under Section 1025.1 et seq. of this title.
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