STAND. COM. REP. NO. 603

Honolulu, Hawaii

, 2005

RE: S.B. No. 790

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Human Services and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 790 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY CHECKS,"

beg leave to report as follows:

The purpose of this measure is to authorize the Departments of Health and Human Services to establish standards for conducting criminal background checks on all current and prospective individuals, including adult volunteers, who provide care and other social services to the frail, elderly, or the disabled adult residents of care facilities.

Testimony in support of this measure was submitted by the Department of Health, the Department of Human Services, the Healthcare Association of Hawaii, the Hawaii Coalition of Care Home Administrators, the Hawaii Long Term Care Association, the Kokua Council, and three individuals.

Your Committees find that background checks should be conducted to ensure the reputable and responsible character of service provider employees who have direct contact with elderly and disabled individuals.

Your Committees have amended this measure by:

(1) Requiring that background checks only be conducted on prospective or future employees of health care facilities that serve elderly and disabled individuals;

(2) Clarifying that these background checks encompass individuals providing services to the Adult and Community Care Services Branch clients of the Department of Human Services; and

(2) Making the effective date defective in order to promote continuing discussion on this matter.

Your Committees have serious concerns with this measure in light of numerous unresolved issues relating to the liability of the State for authorizing and conducting background checks on the employees of private entities, the scope of immunity, if any, afforded to the State given that the immunity provisions are rebuttable, as well as other issues relating to the administration and implementation of this program. However, your Committees have decided to move this measure forward, thereby providing the Departments of Health and Humans Services additional time to resolve the concerns of your Committees.

As affirmed by the records of votes of the members of your Committees on Human Services and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 790, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 790, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Human Services and Judiciary and Hawaiian Affairs,

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COLLEEN HANABUSA, Chair

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SUZANNE CHUN OAKLAND, Chair