STAND. COM. REP. 782

Honolulu, Hawaii

, 2003

RE: H.B. No. 925

H.D. 3

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 925, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO ELDER ABUSE,"

begs leave to report as follows:

The purpose of this bill is to protect the elderly from abuse. Specifically, this bill:

(1) Requires the Department of Health (DOH) to conduct criminal history record checks of operators and employees of nursing facilities, intermediate care facilities, adult residential care homes, and assisted living facilities; and

(2) Requires the Department of Human Services (DHS) to conduct criminal history record checks and adult abuse perpetrator checks on service providers who have direct contact with frail, elderly, disabled, or dependent adults receiving services in adult care facilities.

The Department of the Attorney General, DHS, ILWU Local 142, Hawaii Coalition of Care Home Administrators, Kokua Council, American Association of Retired Persons Hawaii, and a concerned individual testified in support of this measure. DOH commented on this measure.

Your Committee has amended this measure by:

(1) Clarifying that service providers who have direct contact with frail, elderly, disabled, or dependent adults receiving their services are subject to adult abuse perpetrator checks;

(2) Clarifying that employees of subcontractors and new employees of Medicaid waiver program or purchase of service contracted service providers must also have background checks since purchase of service contractors may also engage subcontractors to provide services;

(3) Requiring subcontractors of Medicaid waiver program contracted service providers to provide consent to conduct a criminal history record check and an adult abuse perpetrator check and to obtain other criminal history record information for verification;

(4) Making reference to purchase of service contracted service providers;

(5) Changing the appropriation to $1, effective July 1, 2003, to promote further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 925, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 925, H.D. 3.

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

 

____________________________

DWIGHT Y. TAKAMINE, Chair