HOUSE OF REPRESENTATIVES

H.B. NO.

2223

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to ADMINISTRATIVE FINDINGS RECORDS.

 

 

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

 


     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

     "§346-A  Release of administrative findings record checks to the department of health.  Upon request by the department of health, the department shall prepare and transmit to the department of health administrative findings record information relating to findings of child abuse committed by a person subject to an administrative findings record check under section 321-15.2."

     SECTION 2.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

     "§346-B  Release of administrative findings record checks to the department of health.  Upon request by the department of health, the department shall prepare and transmit to the department of health administrative findings record information relating to findings of adult abuse committed by a person subject to an administrative findings record check under section 321-15.2."

     SECTION 3.  Section 321-15.2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the title to read:

     "§321-15.2  Criminal history record checks[.]; administrative findings record checks."

     2.  By amending the definition of "disqualifying information" in subsection (a) to read:

     ""Disqualifying information" means a conviction for a relevant crime or [a] an administrative finding of [patient or resident] adult or child abuse[.] or neglect."

     3.  By amending subsection (b), (c), (d), (e), (f), and (g) to read:

     "(b)  The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients. These rules, among other things, shall specify how the department or the department's designee may conduct criminal history record checks in accordance with section 846-2.7[.], or administrative findings record checks pursuant to sections 346-A and 346-B.

     (c)  All applicants and prospective operators shall: 

     (1)  Be subject to criminal history record checks in accordance with section 846-2.7[;] and administrative findings record checks pursuant to sections 346-A and 346-B;

     (2)  Authorize the disclosure to the department or the department's designee of criminal history record or administrative findings record information;

     (3)  Sign a waiver form stating that the department or the department's designee shall not be liable to the applicant or prospective operator; and

     (4)  Consent to be fingerprinted for the purpose of requesting criminal history record information from the Federal Bureau of Investigation and the Hawaii criminal justice data center.

     (d)  All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

     (1)  Consent to be fingerprinted;

     (2)  Provide all necessary information for the purpose of enabling the department or the department's designee to conduct the criminal history record checks[; and] or administrative findings record checks; and

     (3)  Sign a waiver form stating that the department or the department's designee shall not be liable to the employee or volunteer.

     (e)  The department or the department's designee may request criminal history record information which includes Federal Bureau of Investigation data through the Hawaii criminal justice data center, or administrative findings record information through the department of human services, on all prospective applicants, operators, direct patient access employees, and adult volunteers of healthcare facilities[.], and on department of health employees and prospective employees whose job duties involve work at a healthcare facility.  In addition, in the case of any healthcare facility to be operated in a private residence, the department of health or the department's designee may request criminal history record information which includes Federal Bureau of Investigation data through the Hawaii criminal justice data center, or administrative findings record information through the department of human services, for all adults residing in the home who are not clients.

     (f)  The department or the department's designee shall make a name inquiry into the criminal history and administrative findings records or conduct criminal history and administrative findings record checks of all prospective applicants, operators, direct patient access employees, and adult volunteers at the healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients.

     (g)  The department may revoke or suspend a current license, impose penalties or fines, or deny an application for a license under rules adopted pursuant to chapter 91 if the applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client, refuses to authorize the department or the department's designee to conduct a criminal history record check, obtain criminal history record information for verification, or consent to be fingerprinted.  In addition, the department may revoke or suspend a current license, impose penalties or fines, or deny an application for a license if the applicant, operator, direct patient access employee, or adult volunteer at the healthcare facility, or, in the case of a healthcare facility operated in a private residence, any adult living in the home other than the client, has any disqualifying information.  The department may also revoke or suspend a current license, impose penalties or fines, [or] deny an application for a license, or take personnel action against a department employee or prospective employee, if the department determines, based upon consideration of the criminal history information[,] or the administrative findings information, that [the]:

     (1)  The applicant, operator, direct patient access employee, or adult volunteer at the healthcare facility[, or, in];

     (2)  In the case of a healthcare facility operated in a private residence, any adult living in the home other than the client[,]; or

     (3)  In the case of the department, any employee or prospective employee of the department whose job duties involve work at a healthcare facility,

is unsuitable to work or live in close proximity to the residents of [the] a healthcare facility such that the health, safety, and welfare of the residents of the healthcare facility could be at risk."

     4.  By amending subsections (i), (j), and (k) to read:

     "(i)  The fee charged by the Federal Bureau of Investigation and the Hawaii criminal justice data center to perform criminal history record checks, or any fee charged by the department of human services to perform administrative findings record checks, may be passed on to [all]:

     (1)  All applicants, operators, direct patient access employees, and adult volunteers at the healthcare facility [and, in];

     (2)  In the case of a facility operated in a private residence, all adults living in the home other than the clients[.]; and

     (3)  In the case of the department of health, all employees and prospective employees of the department of health.

     (j)  The department, or the department's designee, in obtaining and relying upon the criminal history and administrative findings record checks, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the criminal history record or administrative findings information.  The good faith presumption may be rebutted upon a showing by the person or entity of a lack of good faith, and proof by a preponderance of the evidence, that the department relied upon information or opinion that it knew was false or misleading.

     (k)  Any applicant or operator who receives information from the department or the department's designee relating to a criminal history record check or an administrative findings record check of a direct patient access employee or adult volunteer or, in the case of a healthcare facility operated in a private residence, an adult living in the home other than the clients, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the department's recommendation or direction.  Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 368 and 378.

     Criminal history record and administrative findings record information shall be used exclusively by the department or the department's designee for the sole purpose of determining whether an applicant, operator, direct patient access employee, or adult volunteer at a healthcare facility, or, in the case of a facility operated in a private residence, any adult living in the home other than the clients is suitable for working or living in close proximity to residents of a healthcare facility such that the health, safety, and welfare of the residents would not be at risk."

     SECTION 4.  In codifying the new sections added by sections 1 and 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DOH; Adult or Child Abuse; Background Checks

 

Description:

Broadens the scope of "disqualifying information" for purposes of licensing sanctions to include administrative findings of adult or child abuse or neglect.  Extends the use of "disqualifying information" to apply to DOH employees or prospective employees.  Authorizes DOH to obtain administrative findings record checks from DHS relating to child and adult abuse.  Authorizes DHS to release administrative findings record checks to DOH.

 

 

 

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