Report Title:

Hawaii Health Systems Corporation

Description:

Allows the Hawaii Health Systems Corporation to obtain criminal history information on persons who are employed or seeking employment in any of the corporation's facilities.

THE SENATE

S.B. NO.

1367

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE HAWAII HEALTH SYSTEMS CORPORATION.

 

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

SECTION 1. Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§323F- Employees; criminal history check. (a) The Hawaii health systems corporation shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or seeking employment in any of the corporation's health facilities. The procedures shall include but not be limited to criminal history checks in accordance with Chapter 846. Information obtained pursuant to this subsection shall be used exclusively by the corporation for the purpose of determining whether or not the person is suitable for working in a health facility. All such decisions shall be subject to state and federal laws and rules currently in effect.

(b) Section 831-3.1, and Chapter 91, and sections 378-2, 378-2.5, 378-3, and 831-3.1 notwithstanding, the corporation may

(b) Section 831-3.1, and Chapter 91, and sections 378-2, 378-2.5, 378-3, and 831-3.1 notwithstanding, the corporation may refuse to employ any applicant or may terminate any employee if the person has been convicted of an offense for which incarceration is a sentencing option, and if the corporation finds by reason of the nature and circumstance of the crime that the person so convicted has not been rehabilitated to warrant the public trust and therefore poses a risk to the health, safety, security or well being of the health facility's patients, or a risk to the qualification of the health facility for the federal healthcare insurance program. The corporation may refuse to employ an applicant or terminate an employee only after:

(1) Appropriate investigation by the corporation;

(2) Notification of the applicant or employee of the results of the investigation and any planned action; and

(3) Giving the applicant or employee the opportunity to meet and rebut the findings of the investigation."

SECTION 2. There is appropriated out of the state criminal history record improvement revolving fund, the sum of $72,000 or so much thereof as may be necessary for fiscal year

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

INTRODUCED BY:

_____________________________

By Request