Report Title:

Hawaii Health Systems Corporation

Description:

Allows the Hawaii Health Systems Corporation to obtain criminal history information on persons who are seeking employment in any of the corporation's facilities; allows Corporation to refuse to employ an applicant under certain circumstances. (SD1)

THE SENATE

S.B. NO.

1367

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

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-   Applicants; criminal history check. (a) The corporation shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are seeking employment in any of the corporation's health facilities. The procedures shall include, but not be limited to, criminal history checks. The Hawaii criminal justice data center may charge a reasonable fee for each criminal history record check performed. 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 refuse to employ any applicant 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 only after:

(1) Appropriate investigation by the corporation;

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

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

(c) As used in this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history by means of:

(1) A fingerprint search in the Federal Bureau of Investigation's criminal history files; and

(2) A criminal history record check conducted through the files maintained by the Hawaii criminal justice data center.

(d) An applicant shall provide the corporation with consent to be fingerprinted and to conduct the criminal history record check."

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 2003-2004, for criminal history record checks of applicants.

The sum appropriated shall be expended by the Department of the attorney general for the purposes of this Act.

SECTION 3. This Act shall take effect upon its approval.