Report Title:

Hawaii Health Systems Corporation

Description:

Allows the HHSC to obtain criminal history information on persons who are employed or seeking employment.

HOUSE OF REPRESENTATIVES

H.B. NO.

677

TWENTY-THIRD LEGISLATURE, 2005

 

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- Criminal history checks. (a) The Hawaii health systems corporation shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed, seeking employment or seeking to serve as volunteers, providers or subcontractors in any of the corporation's health facilities. The procedures shall include but not be limited to criminal history checks in accordance with section 846–2.7. The Hawaii criminal justice data center may assess providers and subcontractors a reasonable fee for criminal history record checks performed. Providers and subcontractors shall be responsible for payment to the Hawaii criminal justice data center for payment of the criminal history records checks.

(b) Except as otherwise specified, any person who seeks employment with Hawaii health systems corporation or is employed, or seeks to be a provider, volunteer or subcontractor in any of the corporation's health care facilities may be required to provide to the corporation:

(1) A sworn statement indicating whether or not the person has ever been convicted of an offense for which incarceration was a sentencing option, and the details thereof;

(2) Written consent for Hawaii health systems corporation to conduct a criminal history record check as provided in subsection (a) to obtain other information for verification; and

(3) Permission to be fingerprinted for the purpose of a national criminal history record check. Information obtained pursuant to subsection (a) and this subsection shall be used exclusively by the Hawaii health systems corporation for the purposes of determining whether a person is suitable for working or providing services in any of the corporation’s health facilities. All such decisions shall be subject to federal laws and regulations currently or hereafter in effect.

(c) Hawaii health systems corporation may refuse to utilize as a provider, a volunteer or a subcontractor, or to employ or to continue the employment of any employee if the person has been convicted of an offense for which incarceration is a sentencing option, and if the Hawaii health systems corporation finds by reason of the nature and circumstances of the crime that the person poses a risk to the health, safety, or well-being of patients and residents in any of the health facilities. Such refusal or termination may occur only after appropriate investigation, notification of results and planned action, and opportunity to meet and rebut the finding, all of which need not be conducted in accordance with chapter 91.

(d) For the purposes of this section:

"Criminal history record check" means an examination or search for evidence of an individual‘s criminal history by means of:

(1) A search of the individual’s fingerprints in the Federal Bureau of Investigation criminal history record files and, if found, an analysis and any other information available pertaining thereto; and

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

"Provider" means any organization or individual that intends to enter into a contract or agreement to provide services to the patients or residents in any of the Hawaii health systems corporation's health facilities, or is a student in any program at any of Hawaii health systems corporation's health facilities.

"Subcontractor" means any organization or individual that enters into a contract or agreement to provide services to the patients or residents in any of the Hawaii health systems corporation's health facilities.

(e) Notwithstanding any other law to the contrary, Hawaii health systems corporation shall be exempt from sections 378-2.5 and 831-3.1 for purposes of this section.?

SECTION 2. Section 846-2.7(b), Hawaii Revised Statutes, is amended to read as follows:

"(b) Criminal history record checks may be conducted by:

(1) The department of health on operators of adult foster homes or developmental disabilities domiciliary homes and their employees, as provided by section 333F-22;

(2) The department of health on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services on behalf of the child and adolescent mental health division, as provided by section 321-171.5;

(3) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by [[]section[]] 302A-601.5;

(4) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

(5) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

(6) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

(7) The department of human services on prospective adoptive parents as established under [[]section 34619.7[]];

(8) The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section [[]346-19.7[]];

(9) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section [[]346-154[]];

(10) The department of human services on operators and employees of home- and community-based case management agencies and operators and other adults, except for adults in care, residing in foster family homes as provided by section 346-E;

(11) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

(12) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

(13) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

(14) The department of commerce and consumer affairs on applicants for private detective or private guard licensure as provided by section 463-9;

(15) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided as provided by section 302A-B;

(16) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A-A;

(17) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7; [and]

(18) Hawaii health systems corporation on persons who are employed, seeking employment or seeking to serve as volunteers, providers or subcontractors in any of the corporation's health facilities; and

[(18)] (19) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

SECTION 3. There is appropriated out of the state criminal history record improvement revolving fund, the sum of $21,000 or so much thereof as may be necessary for fiscal year 2005-2006 to be expended by the department of the attorney general for criminal history record checks of applicants.

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST