HB 2576: DOH; Healthcare Facilities; Background Checks; Applicants; Operators

A BILL FOR AN ACT

RELATING TO BACKGROUND CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to clarify and streamline the background check requirements for applicants, operators, employees, and volunteers at healthcare facilities.

     SECTION 2.  Section 321-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§321-15.2  Background checks.  (a)  For the purposes of this section:

     "Adults" means individuals aged eighteen years or older.

     "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility.  If the applicant is an entity, [the term] "applicant" shall also include [its] the entity's principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

     ["Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

     (1)  Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

     (2)  Child abuse and neglect records by means of:

          (A)  An initial name inquiry in the state child welfare record files;

          (B)  A subsequent child abuse confirmation history check for new hires and rehires; and

          (C)  An annual name inquiry into state child welfare record files;

     (3)  Criminal history records in accordance with section 846-2.7;

     (4)  Sex offender registry records;

     (5)  Certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided.]

     "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

     ["Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.]

     "Department" means the department of health.

     "Direct patient access employee" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider.  [Such individuals include but are not limited to:] "Direct patient access employee" includes but is not limited to physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.), as well as volunteers, who have direct access to patients or patient belongings.  "Direct patient access employee" does not include individuals whose duties do not involve the provision of health care services or direct physical contact with patients and whose access to patients or patient belongings is incidental, limited, or supervised.

     "Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

     "Fingerprint-based background check" means a fingerprint-based inquiry search of Hawaii state criminal history records and the Federal Bureau of Investigation national criminal history records database, the results of which are accessible only to the department or its designee.

     "Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, [rural health center,] community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

     ["Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.]

     "Name-based background check" means a search conducted by using the name and other identifying information of the individual of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including the:

     (1)  Hawaii adult protective services central registry of reported cases established in section 346-224;

     (2)  Hawaii child abuse and neglect central registry established in section 350-2.5;

     (3)  Criminal history records;

     (4)  Hawaii sex offender registry;

     (5)  Hawaii certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where the individual previously resided.

     "Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

     "Relevant crime" means:

     (1)  Any offense described in title 42 United States Code [§1320a-7] section 1320a-7 (section 1128(a) of the Social Security Act); or

     (2)  A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident.  This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

     (b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, and direct patient access employees[, and adult volunteers] of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients[. These rules, among other things, shall specify how the department or its designee may conduct background checks], in accordance with this section.

     (c)  All prospective applicants [and prospective], operators, and direct patient access employees of any healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall[:] provide consent to the department or its designee to conduct and be subject to the following background checks conducted by the department or its designee:

     (1)  [Be subject to background checks;] A one-time fingerprint-based background check; provided that a fingerprint-based background check shall not be required for individuals, including students, who:

          (A)  Will be working or volunteering at a hospital licensed under section 321-14.5;

          (B)  Are licensed physicians or physician assistants credentialed by a hospital licensed under section 321-14.5; or

          (C)  Are licensed in the State and have submitted fingerprints for a fingerprint-based background check as a condition of their licensure; provided that the fingerprint-based background check was conducted using a criminal history search and review determination comparable to that required by the department; and

     (2)  [Provide consent to the department or its designee to conduct background checks.] An initial name-based background check.

     [(d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Be subject to background checks in accordance with this section; and

     (2)  Provide consent to the department or its designee to conduct background checks.

     (e)  The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.]

     (d)  All operators and direct patient access employees of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall provide consent to the department or its designee to conduct and shall undergo a name-based background check biennially; provided that a check of out-of-state records shall not be required if the individual has not lived or been employed in another state since the individual's most recent background check.

     (e)  The department or its designee shall obtain all fingerprint-based background check and named-based background check information required under this section; provided that notwithstanding this subsection or any law to the contrary, hospitals licensed under section 321-14.5 may conduct the name-based background checks required under this section in lieu of the department or its designee; provided further that hospitals licensed under section 321-14.5 that conduct required name-based background checks shall possess documentation of compliance and shall provide access to the documentation upon request by the department.

     (f)  No applicant or operator shall employ, contract with, or permit any prospective direct patient access employee to work at a healthcare facility unless:

     (1)  The individual has completed the one-time fingerprint-based background check and the initial name-based background check required by this section; and

     (2)  No disqualifying information is found, or any disqualifying information found is determined not to be disqualifying following an appeal process.

     [(f)] (g)  The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, [employee, or adult volunteer] or direct patient access employee at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the [client:]clients:

     (1)  Refuses to authorize [the department or its designee to conduct a background check, refuses to authorize the department or its designee to obtain background check record information for verification, or refuses consent to be fingerprinted;], provide information required to perform, or undergo a fingerprint-based background check or name-based background check required pursuant to this section;

    [(2)  Refuses or fails to submit to the department or its designee information required to perform a background check;

     (3)] (2)  Has any disqualifying information; or

    [(4)] (3)  Has any fingerprint-based background check or name-based background check information that the department finds may pose a risk to the health, safety, or welfare of the patients or residents [or patients] of the healthcare facility.

     [(g)] (h)  The fee charged [by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record checks] to perform the required fingerprint-based background check and name-based background check may be passed on to all applicants, operators, and direct patient access employees[, and adult volunteers] at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

     [(h)] (i)  The department or its designee, in obtaining and relying upon the fingerprint-based background check or name-based background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the fingerprint-based background check or name-based background check information.  The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

     [(i)] (j)  Any applicant or operator who receives information from the department or its designee relating to a fingerprint-based background check or name-based background check of a direct patient access employee [or adult volunteer] or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon the department's recommendation or direction.  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     [Background] Fingerprint-based background check or name-based background check record information pursuant to this section shall be used exclusively by the department or its designee for the sole purpose of determining whether an applicant, operator, or direct patient access employee[, or adult volunteer] at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to patients or residents of a healthcare facility such that the health, safety, and welfare of the patients or residents would not be at risk."

     SECTION 3.  Section 321-171.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as providers or subcontractors, in positions that place them in direct contact with adult, child, or youth clients when providing non-witnessed direct mental health or health care services.  These procedures shall include but not be limited to background checks as [defined] described in section 321-15.2."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2026.

Report Title:

DOH; Healthcare Facilities; Background Checks; Applicants; Operators

Description:

Clarifies and streamlines background check requirements for healthcare facility applicants, operators, and direct patient access employees.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BACKGROUND CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to clarify and streamline the background check requirements for applicants, operators, employees, and volunteers at health care facilities.

     SECTION 2.  Section 321-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§321-15.2  Background checks.  (a)  For the purposes of this section:

     "Adults" means individuals aged eighteen years or older.

     "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility.  If the applicant is an entity, [the term] "applicant" shall also include [its] the entity's principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

     ["Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

     (1)  Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

     (2)  Child abuse and neglect records by means of:

          (A)  An initial name inquiry in the state child welfare record files;

          (B)  A subsequent child abuse confirmation history check for new hires and rehires; and

          (C)  An annual name inquiry into state child welfare record files;

     (3)  Criminal history records in accordance with section 846-2.7;

     (4)  Sex offender registry records;

     (5)  Certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided.]

     "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

     ["Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.]

     "Department" means the department of health.

     "Direct patient access employee" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider.  [Such individuals include but are not limited to:] "Direct patient access employee" includes but is not limited to physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.), as well as volunteers, who have direct access to patients or patient belongings.  "Direct patient access employee" does not include individuals whose duties do not involve the provision of health care services or direct physical contact with patients and whose access to patients or patient belongings is incidental, limited, or supervised.

     "Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

     "Fingerprint-based background check" means a fingerprint-based inquiry search of Hawaii state criminal history records and the Federal Bureau of Investigation national criminal history records database, the results of which are accessible only to the department or its designee.

     "Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, [rural health center,] community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

     ["Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.]

     "Name-based background check" means a search conducted by using the name and other identifying information of the individual of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including the:

     (1)  Hawaii adult protective services central registry of reported cases established in section 346-224;

     (2)  Hawaii child abuse and neglect central registry established in section 350-2.5;

     (3)  Criminal history records;

     (4)  Hawaii sex offender registry;

     (5)  Hawaii certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where the individual previously resided.

     "Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

     "Relevant crime" means:

     (1)  Any offense described in title 42 United States Code [§1320a-7] section 1320a-7 (section 1128(a) of the Social Security Act); or

     (2)  A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident.  This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

     (b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, and direct patient access employees[, and adult volunteers] of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients[. These rules, among other things, shall specify how the department or its designee may conduct background checks], in accordance with this section.

     (c)  All prospective applicants [and prospective], operators, and direct patient access employees of any healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall[:] provide consent to the department or its designee to conduct and be subject to the following background checks conducted by the department or its designee:

     (1)  [Be subject to background checks;] A one-time fingerprint-based background check; provided that a fingerprint-based background check shall not be required for individuals, including students, who:

          (A)  Will be working or volunteering at a hospital licensed under section 321-14.5 and have submitted fingerprints as a condition of their licensure; or

          (B)  Are licensed physicians or physician assistants credentialed by a hospital licensed under section 321-14.5; and

     (2)  [Provide consent to the department or its designee to conduct background checks.] An initial name-based background check.

     [(d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Be subject to background checks in accordance with this section; and

     (2)  Provide consent to the department or its designee to conduct background checks.

     (e)  The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.]

     (d)  All operators and direct patient access employees of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall provide consent to the department or its designee to conduct and shall undergo a name-based background check biennially; provided that a check of out-of-state records shall not be required if the individual has not lived or been employed in another State since the individual's most recent background check.

     (e)  The department or its designee shall obtain all fingerprint-based background check and named-based background check information required under this section; provided that, notwithstanding this subsection, or any law to the contrary, hospitals licensed under section 321-14.5 may conduct the name-based background checks required under this section in lieu of the department or its designee; provided further that hospitals licensed under section 321-14.5 that conduct required name-based background checks shall possess documentation of compliance and shall provide access to the documentation upon request by the department.

     (f)  No applicant or operator shall employ, contract with, or permit any prospective direct patient access employee to work at a healthcare facility unless:

     (1)  The individual has completed the one-time fingerprint-based background check and the initial name-based background check required by this section; and

     (2)  No disqualifying information is found, or any disqualifying information found is determined not to be disqualifying following an appeal process.

     [(f)] (g)  The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, [employee, or adult volunteer] or direct patient access employee at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

     (1)  Refuses to authorize [the department or its designee to conduct a background check, refuses to authorize the department or its designee to obtain background check record information for verification, or refuses consent to be fingerprinted;], provide information required to perform, or undergo a fingerprint-based background check or name-based background check required pursuant to this section;

    [(2)  Refuses or fails to submit to the department or its designee information required to perform a background check;

     (3)] (2)  Has any disqualifying information; or

    [(4)] (3)  Has any fingerprint-based background check or name-based background check information that the department finds may pose a risk to the health, safety, or welfare of the patients or residents [or patients] of the healthcare facility.

     [(g)] (h)  The fee charged [by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record checks] to perform the required fingerprint-based background check and name-based background check may be passed on to all applicants, operators, and direct patient access employees[, and adult volunteers] at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

     [(h)] (i)  The department or its designee, in obtaining and relying upon the fingerprint-based background check or name-based background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the fingerprint-based background check or name-based background check information.  The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

     [(i)] (j)  Any applicant or operator who receives information from the department or its designee relating to a fingerprint-based background check or name-based background check of a direct patient access employee [or adult volunteer] or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon the department's recommendation or direction.  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     [Background] Fingerprint-based background check or name-based background check record information pursuant to this section shall be used exclusively by the department or its designee for the sole purpose of determining whether an applicant, operator, or direct patient access employee[, or adult volunteer] at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to patients or residents of a healthcare facility such that the health, safety, and welfare of the patients or residents would not be at risk."

     SECTION 3.  Section 321-171.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as providers or subcontractors, in positions that place them in direct contact with adult, child, or youth clients when providing non-witnessed direct mental health or health care services.  These procedures shall include but not be limited to background checks as [defined] described in section 321-15.2."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2050.

Report Title:

DOH; Healthcare Facilities; Background Checks; Applicants; Operators

Description:

Clarifies and streamlines background check requirements for healthcare facility applicants, operators, and direct patient access employees.  Effective 1/1/2050.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BACKGROUND CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to clarify and streamline the background check requirements for applicants, operators, employees, and volunteers at health care facilities.

     SECTION 2.  Section 321-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§321-15.2  Background checks.  (a)  For the purposes of this section:

     "Adults" means individuals aged eighteen years or older.

     "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility.  If the applicant is an entity, [the term] "applicant" shall also include [its] the entity's principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

     ["Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

     (1)  Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

     (2)  Child abuse and neglect records by means of:

          (A)  An initial name inquiry in the state child welfare record files;

          (B)  A subsequent child abuse confirmation history check for new hires and rehires; and

          (C)  An annual name inquiry into state child welfare record files;

     (3)  Criminal history records in accordance with section 846-2.7;

     (4)  Sex offender registry records;

     (5)  Certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided.]

     "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

     ["Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.]

     "Department" means the department of health.

     "Direct patient access employee" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider.  [Such individuals include but are not limited to:] "Direct patient access employee" includes but is not limited to physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.), as well as volunteers, who have direct access to patients or patient belongings.  "Direct patient access employee" does not include individuals whose duties do not involve the provision of health care services or direct physical contact with patients and whose access to patients or patient belongings is incidental, limited, or supervised.

     "Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

     "Fingerprint-based background check" means a fingerprint-based inquiry search of Hawaii state criminal history records and the Federal Bureau of Investigation national criminal history records database, the results of which are accessible only to the department or its designee.

     "Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, [rural health center,] community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

     ["Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.]

     "Name-based background check" means a search conducted by using the name and other identifying information of the individual of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including the:

     (1)  Hawaii adult protective services central registry of reported cases established in section 346-224;

     (2)  Hawaii child abuse and neglect central registry established in section 350-2.5;

     (3)  Criminal history records;

     (4)  Hawaii sex offender registry;

     (5)  Hawaii certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where the individual previously resided.

     "Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

     "Relevant crime" means:

     (1)  Any offense described in title 42 United States Code [§1320a-7] section 1320a-7 (section 1128(a) of the Social Security Act); or

     (2)  A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident.  This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

     (b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, and direct patient access employees[, and adult volunteers] of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients[. These rules, among other things, shall specify how the department or its designee may conduct background checks], in accordance with this section.

     (c)  All prospective applicants [and prospective], operators, and direct patient access employees of any healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall[:] provide consent to the department or its designee to conduct and be subject to the following background checks conducted by the department or its designee:

     (1)  [Be subject to background checks;] A one-time fingerprint-based background check; and

     (2)  [Provide consent to the department or its designee to conduct background checks.] An initial name-based background check;

provided that a fingerprint-based background check shall not be required for individuals, including students, who will be working or volunteering at a hospital licensed under section 321-14.5 and individuals who have submitted fingerprints as a condition of their licensure.

     [(d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Be subject to background checks in accordance with this section; and

     (2)  Provide consent to the department or its designee to conduct background checks.

     (e)  The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.]

     (d)  All operators and direct patient access employees of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall provide consent to the department or its designee to conduct and shall undergo a name-based background check biennially.

     (e)  The department or its designee shall obtain all fingerprint-based background check and named-based background check information required under this section; provided that, notwithstanding this subsection, or any law to the contrary, hospitals licensed under section 321-14.5 may conduct the name-based background checks required under this section in lieu of the department or its designee; provided further that hospitals licensed under section 321-14.5 that conduct required name-based background checks shall possess documentation of compliance and shall provide access to the documentation upon request by the department.

     (f)  No applicant or operator shall employ, contract with, or permit any prospective direct patient access employee to work at a healthcare facility unless:

     (1)  The individual has completed the one-time fingerprint-based background check and the initial name-based background check required by this section; and

     (2)  No disqualifying information is found, or any disqualifying information found is determined not to be disqualifying following an appeal process.

     [(f)] (g)  The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, [employee, or adult volunteer] or direct patient access employee at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

     (1)  Refuses to authorize [the department or its designee to conduct a background check, refuses to authorize the department or its designee to obtain background check record information for verification, or refuses consent to be fingerprinted;], provide information required to perform, or undergo a fingerprint-based background check or name-based background check required pursuant to this section;

    [(2)  Refuses or fails to submit to the department or its designee information required to perform a background check;

     (3)] (2)  Has any disqualifying information; or

    [(4)] (3)  Has any fingerprint-based background check or name-based background check information that the department finds may pose a risk to the health, safety, or welfare of the patients or residents [or patients] of the healthcare facility.

     [(g)] (h)  The fee charged [by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record checks] to perform the required fingerprint-based background check and name-based background check may be passed on to all applicants, operators, and direct patient access employees[, and adult volunteers] at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

     [(h)] (i)  The department or its designee, in obtaining and relying upon the fingerprint-based background check or name-based background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the fingerprint-based background check or name-based background check information.  The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

     [(i)] (j)  Any applicant or operator who receives information from the department or its designee relating to a fingerprint-based background check or name-based background check of a direct patient access employee [or adult volunteer] or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon the department's recommendation or direction.  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     [Background] Fingerprint-based background check or name-based background check record information pursuant to this section shall be used exclusively [by the department or its designee] for the sole purpose of determining whether an applicant, operator, or direct patient access employee[, or adult volunteer] at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to patients or residents of a healthcare facility such that the health, safety, and welfare of the patients or residents would not be at risk."

     SECTION 3.  Section 321-171.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as providers or subcontractors, in positions that place them in direct contact with adult, child, or youth clients when providing non-witnessed direct mental health or health care services.  These procedures shall include but not be limited to background checks as [defined] described in section 321-15.2."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2050.

Report Title:

DOH; Healthcare Facilities; Background Checks; Applicants; Operators

Description:

Clarifies and streamlines background check requirements for healthcare facility applicants, operators, and direct patient access employees.  Effective 1/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BACKGROUND CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to clarify and streamline the background check requirements for applicants, operators, employees, and volunteers at healthcare facilities.

     SECTION 2.  Section 321-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§321-15.2  Background checks.  (a)  For the purposes of this section:

     "Adults" means individuals aged eighteen years or older.

     "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility.  If the applicant is an entity, [the term] "applicant" shall also include [its] the entity's principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

     ["Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

     (1)  Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

     (2)  Child abuse and neglect records by means of:

          (A)  An initial name inquiry in the state child welfare record files;

          (B)  A subsequent child abuse confirmation history check for new hires and rehires; and

          (C)  An annual name inquiry into state child welfare record files;

     (3)  Criminal history records in accordance with section 846-2.7;

     (4)  Sex offender registry records;

     (5)  Certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided.]

     "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

     ["Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.]

     "Department" means the department of health.

     "Direct patient access [employee"] worker" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider.  [Such individuals include but are not limited to:] "Direct patient access worker" includes but is not limited to physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.), as well as volunteers, who have direct access to patients or patient belongings.  "Direct patient access worker" does not include individuals whose duties do not involve the provision of health care services or direct physical contact with patients and whose access to patients or patient belongings is incidental, limited, or supervised.

     "Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

     "Fingerprint-based background check" means a fingerprint-based inquiry search of Hawaii state criminal history records and the Federal Bureau of Investigation national criminal history records database, the results of which are accessible only to the department or its designee.

     "Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, [rural health center,] community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

     ["Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.]

     "Name-based background check" means a search conducted by using the name and other identifying information of the individual of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including the:

     (1)  Hawaii adult protective services central registry of reported cases established in section 346-224;

     (2)  Hawaii child abuse and neglect central registry;

     (3)  Criminal history records;

     (4)  Hawaii sex offender registry;

     (5)  Hawaii certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where the individual previously resided.

     "Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

     "Relevant crime" means:

     (1)  Any offense described in title 42 United States Code [§1320a-7] section 1320a-7 (section 1128(a) of the Social Security Act); or

     (2)  A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident.  This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

     "Third-party employer" means any person or entity other than the applicant or operator that employs, contracts with, provides through an educational affiliation agreement, or otherwise retains an individual who provides services at a healthcare facility pursuant to a contract, subcontract, agreement, or other arrangement, including a staffing agency, contractor, or subcontractor.

     (b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, and direct patient access [employees, and adult volunteers] workers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients[. These rules, among other things, shall specify how the department or its designee may conduct background checks], in accordance with this section.

     (c)  All prospective applicants [and prospective], operators, and direct patient access workers of any healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall[:] provide consent to the department or its designee to conduct and be subject to the following background checks conducted by the department or its designee:

     (1)  [Be subject to background checks;] A one-time fingerprint-based background check; and

     (2)  [Provide consent to the department or its designee to conduct background checks.] An initial name-based background check;

provided that a fingerprint-based background check shall not be required for individuals, including students, who will be working or volunteering at a hospital licensed under section 321-14.5 and individuals who have submitted fingerprints as a condition of their licensure.

     [(d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Be subject to background checks in accordance with this section; and

     (2)  Provide consent to the department or its designee to conduct background checks.

     (e)  The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.

     (f)] (d)  All operators and direct patient access workers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall provide consent to the department or its designee to conduct and shall undergo a name-based background check biennially.

     (e)  The department or its designee shall obtain all fingerprint-based background check and named-based background check information required under this section; provided that, notwithstanding this subsection, or any law to the contrary, hospitals licensed under section 321-14.5 may conduct the name-based background checks required under this section in lieu of the department or its designee; provided further that hospitals licensed under section 321-14.5 that conduct required name-based background checks shall possess documentation of compliance and shall provide access to the documentation upon request by the department.

     (f)  No applicant or operator shall employ, contract with, or permit any prospective direct patient access worker to work at a healthcare facility unless:

     (1)  The individual has completed the one-time fingerprint-based background check and the initial name-based background check required by this section; and

     (2)  No disqualifying information is found, or any disqualifying information found is determined not to be disqualifying following an appeal process.

     (g)  An applicant or operator may satisfy the requirements of this section with respect to a prospective direct patient access worker of a third-party employer by obtaining and maintaining written certification from the third-party employer that:

     (1)  The one-time fingerprint-based background check and the initial name-based background check required by this section has been completed; and

     (2)  No disqualifying information has been found, or any disqualifying information found is determined not to be disqualifying following an appeal process.

The applicant or operator shall provide this information to the department upon request.

     (h)  The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, [employee, or adult volunteer] or direct patient access worker at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

     (1)  Refuses to authorize [the department or its designee to conduct a background check, refuses to authorize the department or its designee to obtain background check record information for verification, or refuses consent to be fingerprinted;], provide information required to perform, or undergo a fingerprint-based background check or name-based background check required pursuant to this section;

    [(2)  Refuses or fails to submit to the department or its designee information required to perform a background check;

     (3)] (2)  Has any disqualifying information; or

    [(4)] (3)  Has any fingerprint-based background check or name-based background check information that the department finds may pose a risk to the health, safety, or welfare of the patients or residents [or patients] of the healthcare facility.

     [(g)] (i)  The fee charged [by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record checks] to perform the required fingerprint-based background check and name-based background check may be passed on to all applicants, operators, and direct patient access [employees, and adult volunteers] workers at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

     [(h)] (j)  The department or its designee, in obtaining and relying upon the fingerprint-based background check or name-based background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the fingerprint-based background check or name-based background check information.  The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

     [(i)] (k)  Any applicant or operator who receives information from the department or its designee relating to a fingerprint-based background check or name-based background check of a direct patient access [employee or adult volunteer] worker or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon the department's recommendation or direction.  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     [Background] Fingerprint-based background check or name-based background check record information pursuant to this section shall be used exclusively [by the department or its designee] for the sole purpose of determining whether an applicant, operator, or direct patient access [employee, or adult volunteer] worker at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to patients or residents of a healthcare facility such that the health, safety, and welfare of the patients or residents would not be at risk."

     SECTION 3.  Section 321-171.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall develop procedures for obtaining verifiable background check information regarding persons who are seeking employment, or seeking to serve as providers or subcontractors, in positions that place them in direct contact with adult, child, or youth clients when providing non-witnessed direct mental health or health care services.  These procedures shall include but not be limited to background checks as [defined] described in section 321-15.2."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Healthcare Facilities; Background Checks; Applicants; Operators; Third-Party Employers

Description:

Clarifies and streamlines background check requirements for healthcare facility applicants, operators, and direct patient access workers.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BACKGROUND CHECKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act clarify and streamline the background check requirements for applicants, operators, employees, and volunteers at healthcare facilities.

     SECTION 2.  Section 321-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§321-15.2  Background checks.  (a)  For the purposes of this section:

     "Adults" means individuals aged eighteen years or older.

     "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility.  If the applicant is an entity, the term "applicant" shall also include its principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

     "Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

     (1)  Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

     (2)  Child abuse and neglect records by means of:

          (A)  An initial name inquiry in the state child welfare record files;

          (B)  A subsequent child abuse confirmation history check for new hires and rehires; and

          (C)  An annual name inquiry into state child welfare record files;

     (3)  Criminal history records in accordance with section 846-2.7;

     (4)  Sex offender registry records;

     (5)  Certified nurse aide registry for information or findings pursuant to section 457A-3; and

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided.

     "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

     "Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.

     "Department" means the department of health.

     "Direct patient access employee" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider.  [Such individuals include but are not limited to:] "Direct patient access employee" includes but is not limited to physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.) who have direct access to patients or patient belongings.

     "Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

     "Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, rural health center, community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

     "Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.

     "Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

     "Relevant crime" means:

     (1)  Any offense described in title 42 United States Code [§1320a-7] section 1320a-7 (section 1128(a) of the Social Security Act); or

     (2)  A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident.  This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

     "Third-party employer" means any person or entity other than the applicant or operator that employs, contracts with, or otherwise retains an individual who provides services at a healthcare facility pursuant to a contract, subcontract, agreement, or other arrangement, including but not limited to a staffing agency, contractor, or subcontractor.

     (b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients. These rules, among other things, shall specify how [the department or its designee] applicants, operators, and third-party employers may conduct background checks in accordance with this section.

     (c)  All applicants [and], prospective operators, prospective direct patient access employees, prospective adult volunteers, and, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client shall:

     (1)  Be subject to background checks; and

     (2)  Provide consent to the [department or its designee] applicant, operator, or third-party employer to conduct background checks.

     [(d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Be subject to background checks in accordance with this section; and

     (2)  Provide consent to the department or its designee to conduct background checks.

     (e)  The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.

     (f)] (d)  All applicants or operators shall obtain and ensure completion of the background checks required by this section, including background checks of any prospective direct patient access employee or adult volunteer retained after the applicant is issued a license or certification under this part; provided that for purposes of any prospective direct patient access employee of a third-party employer described under subsection (f), the applicant or operator may satisfy the requirements of this section by obtaining and maintaining the written certification required by subsection (g); provided further that the applicant or operator shall provide background check information to the department upon request.

     (e)  No applicant or operator shall employ, contract with, or permit any direct patient access employee to work at, or an adult volunteer to serve at, a healthcare facility unless:

     (1)  The individual has completed the background check required by this section; and

     (2)  No disqualifying information is found.

     (f)  A third-party employer shall be responsible for obtaining and ensuring the completion of the background check required by this section for any prospective direct patient access employee who is employed, retained, or assigned by the third-party employer prior to assigning the direct patient access employee to work at a healthcare facility.

     (g)  An applicant or operator may satisfy the requirements of this section with respect to a prospective direct patient access employee of a third-party employer by obtaining and maintaining written certification from the third-party employer that:

     (1)  The background check required by this section has been completed; and

     (2)  No disqualifying information has been found.

The applicant or operator shall submit this information to the department upon request.

     (h) Any use of background check information to make an employment decision based on conviction record information shall comply with the requirements of section 378-2.5(c), including any applicable limitation on the consideration of conviction record information.

     (i)  The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

     (1)  Refuses to [authorize the department or its designee to conduct a background check,] provide the results of a background check to the department upon request, refuses to authorize the department [or its designee] to obtain background check record information for verification, or refuses to consent to be fingerprinted;

     (2)  Refuses or fails to submit [to the department or its designee] information required to perform a background check;

     (3)  Has any disqualifying information; or

     (4)  Has any background check information that the department finds may pose a risk to the health, safety, or welfare of the residents or patients of the healthcare facility.

     [(g)] (j)  The fee charged [by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record] for conducting background checks may be passed on to all applicants, operators, direct patient access employees, and adult volunteers at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

     [(h)] (k)  The department [or its designee], in obtaining and relying upon the background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the background check information.  The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department [or its designee] relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

     [(i)] (l)  Any applicant or operator who receives information [from the department or its designee] relating to a background check of a direct patient access employee or adult volunteer or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon [the department's recommendation or direction.] background check information obtained in accordance with this subsection or a written certification received from a third-party employer pursuant to subsection (g).  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     (m)  Background check record information obtained in accordance with subsection (l) shall be used exclusively by the department [or its designee], applicant, operator, or third-party employer for the sole purpose of determining whether an applicant, operator, direct patient access employee, or adult volunteer at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to residents of a healthcare facility such that the health, safety, and welfare of the residents would not be at risk.

     (n)  An applicant, operator, or third-party employer may apply to register as a qualified entity under section 846-2.7(c) for the purposes of obtaining the background checks required by this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Healthcare Facilities; Background Checks; Applicants; Operators; Third-Party Employers; Department of Health

Description:

Authorizes applicants, operators, and third-party employers, rather than the Department of Health, to conduct background checks of employees and adult volunteers at healthcare facilities.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to background checks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act clarify and streamline the background check requirements for applicants, operators, employees, and volunteers at healthcare facilities.

     SECTION 2.  Section 321-15.2, Hawaii Revised Statutes, is amended to read as follows:

     "§321-15.2  Background checks.  (a)  For the purposes of this section:

     "Adults" means individuals aged eighteen years or older.

     "Applicant" means a person or entity seeking licensure or certification to operate a healthcare facility.  If the applicant is an entity, the term "applicant" shall also include its principals, directors, partners, managers, agents, and representatives to the extent that any of these individuals will have access to or contact with clients, their finances, assets, personal property, medical records, or individually identifiable information.

     "Background check" means a review of records stored in state or national record repositories for history of abuse, neglect, threatened harm, or other maltreatment against children or adults, and for any criminal history, including:

     (1)  Adult abuse perpetrator records by means of a search of the individual's name and birth date in the state adult protective services central registry of reported cases established in section 346-224;

     (2)  Child abuse and neglect records by means of:

          (A)  An initial name inquiry in the state child welfare record files;

          (B)  A subsequent child abuse confirmation history check for new hires and rehires; and

          (C)  An annual name inquiry into state child welfare record files;

     (3)  Criminal history records in accordance with section 846-2.7;

     (4)  Sex offender registry records;

     (5)  Certified nurse aide registry for information or findings pursuant to section 457A-3; [and]

     (6)  Adult abuse perpetrator records, child abuse and neglect records, criminal history records, sex offender registry records, and certified nurse aide registry records of another state where a prospective employee or adult volunteer previously resided[.]; and

     (7)  Fingerprints submitted pursuant to subsection (c).

     "Conviction for a relevant crime" means any federal or state conviction for any relevant crime as defined in this section.

     "Criminal history record name inquiry" means a record check by name for any federal or state conviction for any relevant crime as defined in this section.

     "Department" means the department of health.

     "Direct patient access employee" means any individual, including a volunteer, who has access to a patient or resident of a healthcare facility, or any provider through employment or through an agreement or contract with such a facility or provider.  [Such individuals include but are not limited to:] "Direct patient access employee" includes but is not limited to physicians, nurses, nursing assistants, home health aides, therapists, activities personnel, and support staff (i.e., housekeeping, dietary, etc.) who have direct access to patients or patient belongings.

     "Disqualifying information" means a conviction for a relevant crime or a finding of patient or resident abuse.

     "Healthcare facility" means a facility, setting, or agency licensed or certified by the department of health that provides mental health or health care services or living accommodations to individuals, such as a skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, home care agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, rural health center, community care foster family home, home and community-based case management agency, adult day care center, developmental disabilities domiciliary home, adult foster home for individuals with developmental disabilities, community mental health center, and rehabilitation agency.

     "Name inquiry" means a criminal history record check conducted by using the name and other identifying information of the individual, in lieu of a fingerprint check.

     "Operator" means an individual or entity that is licensed or is seeking licensure to operate a healthcare facility and is responsible for the management and overall operations of that healthcare facility.

     "Relevant crime" means:

     (1)  Any offense described in title 42 United States Code [§1320a-7] section 1320a-7 (section 1128(a) of the Social Security Act); or

     (2)  A crime of such a serious nature or circumstance that the department finds its perpetrator to pose a risk to the health, safety, or well-being of a patient or resident.  This includes but is not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances.

     "Third-party employer" means any person or entity other than the applicant or operator that employs, contracts with, or otherwise retains an individual who provides services at a healthcare facility pursuant to a contract, subcontract, agreement, or other arrangement, including but not limited to a staffing agency, contractor, or subcontractor.

     (b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients. These rules, among other things, shall specify how [the department or its designee] applicants, operators, and third-party employers may conduct background checks in accordance with this section.

     (c)  All applicants [and], prospective operators, prospective direct patient access employees, prospective adult volunteers, and, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client shall:

     (1)  Be subject to background checks; [and]

     (2)  Provide consent to the [department or its designee] applicant, operator, or third-party employer to conduct background checks[.]; and

     (3)  Submit fingerprints; provided that fingerprints shall not be required for:

          (A)  Individuals who have submitted fingerprints as a condition of their licensure; and

          (B)  Adult volunteers for whom all other reviews required by this section have been completed.

     [(d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Be subject to background checks in accordance with this section; and

     (2)  Provide consent to the department or its designee to conduct background checks.

     (e)  The department or its designee shall obtain background check information in accordance with this section from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained after the applicant is issued a license or certificate under this part, which shall include an annual name inquiry into state criminal history record files.

     (f)] (d)  All applicants or operators shall obtain and ensure completion of the background checks required by this section, including background checks of any prospective direct patient access employee or adult volunteer retained after the applicant is issued a license or certification under this part; provided that for purposes of any prospective direct patient access employee of a third-party employer described under subsection (f), the applicant or operator may satisfy the requirements of this section by obtaining and maintaining the written certification required by subsection (g); provided further that the applicant or operator shall provide background check information to the department upon request.

     (e)  No applicant or operator shall employ, contract with, or permit any direct patient access employee to work at, or an adult volunteer to serve at, a healthcare facility unless:

     (1)  The individual has completed the background check required by this section; and

     (2)  No disqualifying information is found.

     (f)  A third-party employer shall be responsible for obtaining and ensuring the completion of the background check required by this section for any prospective direct patient access employee who is employed, retained, or assigned by the third-party employer prior to assigning the direct patient access employee to work at a healthcare facility.

     (g)  An applicant or operator may satisfy the requirements of this section with respect to a prospective direct patient access employee of a third-party employer by obtaining and maintaining written certification from the third-party employer that:

     (1)  The background check required by this section has been completed; and

     (2)  No disqualifying information has been found.

The applicant or operator shall submit this information to the department upon request.

     (h) Any use of background check information to make an employment decision based on conviction record information shall comply with the requirements of section 378-2.5(c), including any applicable limitation on the consideration of conviction record information.

     (i)  The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

     (1)  Refuses to [authorize the department or its designee to conduct a background check,] provide the results of a background check to the department upon request, refuses to authorize the department [or its designee] to obtain background check record information for verification, or refuses to consent to be fingerprinted[;] when required under this section;

     (2)  Refuses or fails to submit [to the department or its designee] information required to perform a background check;

     (3)  Has any disqualifying information; or

     (4)  Has any background check information that the department finds may pose a risk to the health, safety, or welfare of the residents or patients of the healthcare facility.

     [(g)] (j)  The fee charged [by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record] for conducting background checks may be passed on to all applicants, operators, direct patient access employees, and adult volunteers at the healthcare facility and, in the case of a facility operated in a private residence, all adults living in the home other than the clients.

     [(h)] (k)  The department [or its designee], in obtaining and relying upon the background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the background check information.  The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department [or its designee] relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable.

     [(i)] (l)  Any applicant or operator who receives information [from the department or its designee] relating to a background check of a direct patient access employee or adult volunteer or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for reasonably taking or recommending action based upon [the department's recommendation or direction.] background check information obtained in accordance with this subsection or a written certification received from a third-party employer pursuant to subsection (g).  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     (m)  Background check record information obtained in accordance with subsection (l) shall be used exclusively by the department [or its designee], applicant, operator, or third-party employer for the sole purpose of determining whether an applicant, operator, direct patient access employee, or adult volunteer at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to residents of a healthcare facility such that the health, safety, and welfare of the residents would not be at risk.

     (n)  An applicant, operator, or third-party employer may apply to register as a qualified entity under section 846-2.7(c) for the purposes of obtaining the background checks required by this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Healthcare Facilities; Background Checks; Applicants; Operators; Third-Party Employers; Department of Health

Description:

Authorizes applicants, operators, and third-party employers, rather than the Department of Health, to conduct background checks of employees and adult volunteers at healthcare facilities.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1147-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2576

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2576, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BACKGROUND CHECKS,"

begs leave to report as follows:

     The purpose of this measure is to authorize applicants, operators, and third-party employers, rather than the Department of Health, to conduct background checks of employees and adult volunteers at healthcare facilities.

     Your Committee received testimony in support of this measure from the Healthcare Association of Hawaii; The Queen's Health Systems; Hawaiʻi Pacific Health; Kaiser Permanente Hawaiʻi; Surgicare of Hawaiʻi; Rehabilitation Hospital of the Pacific; Palolo Chinese Home; and one individual.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General and Department of Health.  Your Committee received comments on this measure from the Hawaiʻi Civil Rights Commission staff; LeadingAge Pacific West; Hawaiʻi State Center for Nursing; and Hospice Maui.

     Your Committee finds that background check requirements for individuals seeking licensure, operating, working, or volunteering in healthcare facilities are intended to protect patient health, safety, and welfare, but that the existing statutory framework may lack clarity and consistency regarding responsibility, scope, and process.  Clarifying statutory roles, standards, and procedures for background checks will reduce administrative burdens while maintaining patient safety.

Your Committee has amended this measure by:

     (1)  Clarifying and updating definitions relating to background checks, including:

          (A)  Repealing the definitions of "background check", "criminal history record name inquiry", and "name inquiry", and defining "fingerprint-based background checks" and "name-based background checks"; and

          (B)  Clarifying the terms "direct patient access worker", "healthcare facility", and "third-party employer";

     (2)  Amending language that would have authorized applicants, operators, and third-party employers to conduct background checks, but authorizing licensed hospitals to conduct required name-based background checks;

     (3)  Specifying background check requirements, including by requiring one-time fingerprint-based background checks, initial name-based background checks, and biennial name-based background checks;

     (4)  Clarifying that disqualifying information identified through a background check may be determined not to be disqualifying following an appeal process;

     (5)  Clarifying how background check information shall be used to determine suitability for working or serving in a healthcare facility; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2576, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2576, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  557-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2576

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 2576 entitled:

"A BILL FOR AN ACT RELATING TO BACKGROUND CHECKS,"

begs leave to report as follows:

     The purpose of this measure is to clarify and streamline the background check requirements for applicants, operators, employees, third-party employers, and volunteers at healthcare facilities.  

     Your Committee received testimony in support of this measure from the Hawaii Health Systems Corporation; Rehabilitation Hospital of the Pacific; Healthcare Association of Hawaii; The Queen's Health Systems; Hawaiʻi Pacific Health; Kaiser Permanente Hawaiʻi; Hawaii Care Choices; and one individual.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General and Department of Health.  Your Committee received comments on this measure from the Hawaii Medical Association and Professional Background Screening Association.

     Your Committee finds that clear, consistent, and efficient background check requirements are essential to protecting the health and safety of individuals receiving care at the State's health care facilities.  Your Committee further finds that authorizing applicants, operators, and third‑party employers to conduct and certify completion of required background checks, rather than the Department of Health, will streamline the process and reduce barriers to timely hiring and placement of employees, volunteers, and contracted personnel.  This measure provides a mechanism to enhance statutory clarity for background checks at the State's health care facilities while ensuring safeguards remain in place for patient safety.

     Your Committee notes the concerns raised in testimony by the Healthcare Association of Hawaii that tying fingerprinting to facility licensure, rather than at the level of individual licensure, will create confusion and significant administrative burdens without clearly improving safety outcomes, as healthcare facilities often employ thousands of individuals across clinical and non-clinical roles who would now need to be fingerprinted in order for the facility to meet licensure requirements.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language requiring applicants and certain other individuals to submit fingerprints;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2576, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2576, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health,