Report Title:

Background Checks for Adult Services Programs

Description:

Requires the Department of Human Services to establish standards, which shall include criminal history record and adult and child protective service records checks, to ensure the reputable and responsible character of service providers who have direct contact with individuals receiving services through the adult services programs. (SB1351 HD1)

THE SENATE

S.B. NO.

1351

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO BACKGROUND CHECKS FOR ADULT SERVICES PROGRAMS.

 

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

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-    Background checks. (a) The department shall adopt rules pursuant to chapter 91 relating to standards to ensure the reputable and responsible character of service providers who have direct contact with frail, elderly, disabled, or dependent adults and children receiving services, including:

(1) Licensed adult day care center operators, employees, new employees, and adult volunteers;

(2) Purchase of service contracted service providers;

(3) Foster grandparent program, senior companion program, and respite companion program participants; and

(4) Medicaid waiver program contracted service providers.

(b) Individuals identified under subsection (a) shall:

(1) Be subject to criminal history record checks in accordance with chapter 846;

(2) Be subject to adult abuse perpetrator checks, if the individual has direct contact with a child, frail, elderly, disabled, or dependent adult receiving services;

(3) Provide consent to the department to conduct a criminal history record check, an adult or child abuse perpetrator record check, whichever is appropriate, and to obtain other criminal history record information for verification;

(4) Provide a sworn statement indicating whether the person has ever been convicted of a crime, or determined to be a perpetrator of adult or child abuse, whichever is appropriate; and

(5) Provide permission to be fingerprinted for the purpose of the Federal Bureau of Investigation and state criminal history record check.

New employees and adult volunteers shall be fingerprinted within five working days of employment or volunteering, for the purpose of complying with the criminal history record check requirement.

(c) The department shall conduct a check of the Federal Bureau of Investigation and the state criminal history record files in accordance with chapter 846, and adult or child abuse perpetrator record, whichever is appropriate, for the first two years when an individual identified in subsection (a) is required to have such checks, and a name inquiry into the state criminal history records, and adult or child abuse perpetrator record, whichever is appropriate, annually or biennially thereafter.

(d) The department may implement appropriate action if an individual identified under subsection (a) has a conviction for a crime or is a perpetrator of adult abuse as defined in section 346-222 or child abuse as defined in section 350-1 that the department determines will pose a risk to the health, safety, or well-being of service recipients. Such action may include:

(1) Denying a certificate of approval to operate an adult day care center; or

(2) Refusing to use an individual as a service provider.

(e) Subcontractors, their employees, and new employees of medicaid waiver program or purchase of service contracted service providers identified under subsection (a)(2) and (4) shall:

(1) Be subject to criminal history record checks in accordance with chapter 846;

(2) Be subject to adult or child abuse perpetrator checks, whichever is appropriate, if the individual has direct contact with a dependent adult or child receiving services;

(3) Provide consent to the medicaid waiver program or purchase of service contracted service providers to conduct a criminal history record check and an adult or child abuse perpetrator check, whichever is appropriate, through the department and to obtain other criminal history record information for verification;

(4) Provide a sworn statement indicating whether the person has ever been convicted of a crime, or determined to be a perpetrator of adult or child abuse; and

(5) Provide permission to be fingerprinted for the purpose of the Federal Bureau of Investigation and state criminal history record check.

New employees and adult volunteers of the subcontractor shall be fingerprinted within five working days of employment or volunteering, for the purpose of complying with the criminal history record check requirement.

(f) Medicaid waiver program and purchase of service contracted service providers shall obtain criminal history record information through the Hawaii criminal justice data center on all subcontractors, their employees, and their new employees identified in subsection (e).

(g) Medicaid waiver program or purchase of service contracted service providers shall conduct a check of the Federal Bureau of Investigation and the state criminal record files, and adult or child abuse perpetrator record, whichever is appropriate, for the first two years when the individual identified in subsection (e) is required to have such checks, and a name inquiry into the state criminal history records, and adult or child abuse perpetrator record, whichever is appropriate, annually or biennially thereafter.

(h) Medicaid waiver program and purchase of service contracted service providers may take appropriate action if an individual identified under subsection (e) has a conviction for a crime or is a perpetrator of dependent adult abuse as defined in section 346-222 or child abuse as defined in section 350-1, that the medicaid waiver program or purchase of service contracted service provider determines will pose a risk to the health, safety, or well-being of service recipients. Such action may include:

(1) Denying a subcontract for the provision of services to clients of the department; or

(2) Refusing to use an individual as a service provider.

(i) As used in this section:

"Adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of dependent adult abuse, as defined in section 346-222, by means of a search of the individual's name and birth date in the department's adult protective service file.

"Child abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of child abuse as defined in section 350-1, by means of a search of the individual's name and birth date in the department's child protective service file.

"Criminal history record check" includes a search for an individual's criminal history by means of a search of the individual's fingerprints in the Federal Bureau of Investigation and state criminal history files."

SECTION 2. There is appropriated out of the state criminal history record improvement revolving fund the sum of $50,000 or so much thereof as may be necessary, for fiscal year 2003-2004 to effectuate the purposes of this Act.

The sum appropriated shall be expended by the department of the attorney general.

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 2 takes effect on July 1, 2003.