Section 7a.114. Direct Care Worker List

(a) The Secretary shall compile a list each month of the names and addresses of all direct care workers (DCW List) who, within the previous 3 months, have been paid through a home care service program that provides participant-directed services. The DCW List shall specify every program through which each direct care worker was paid. The DCW List may not include the name of any participant, any designation that a direct care worker is a relative of a participant or any designation that the direct care worker’s home address is the same as a participant’s address.

(b) An employee organization that has as one of its primary purposes the representation of direct care workers in their relations with this Commonwealth or other public entities may petition the Secretary to represent a particular unit of direct care workers.

(c) Upon a showing made to the Secretary by an employee organization described in subsection (b) that at least 50 direct care workers support the organization’s petition to provide representation, the Secretary shall provide to the organization, within 7 days, the most recent DCW List and, for an additional 6 months thereafter, upon request shall supply subsequent monthly lists.

(d) Any vendor or contractor that provides financial management services for the Commonwealth in connection with any home care service program shall assist and cooperate with the Department in compiling and maintaining the DCW List. The Secretary shall ensure that all existing and future contracts with vendors or contractors providing financial management services for the Commonwealth require the fiscal intermediary to cooperate in the creation and maintenance of the DCW List.