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HB2576
HOUSE OF REPRESENTATIVES
H.B. NO.
2576
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to background checks
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The purpose of this Act clarify and
streamline the background check requirements for applicants, operators,
employees, and volunteers at healthcare facilities.
����
SECTION
2
.
�
Section
321-15.2, Hawaii Revised Statutes, is amended to read as follows:
����
"
�321-15.2
�
Background checks.
�
(a)
�
For
the purposes of this section:
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"Adults" means individuals
aged eighteen years or older.
����
"Applicant" means a person
or entity seeking licensure or certification to operate a healthcare facility.
�
If the applicant is an entity, the term "applicant"
shall also include its principals, directors, partners, managers, agents, and representatives
to the extent that any of these individuals will have access to or contact with
clients, their finances, assets, personal property, medical records, or individually
identifiable information.
����
"Background check" means a
review of records stored in state or national record repositories for history of
abuse, neglect, threatened harm, or other maltreatment against children or adults,
and for any criminal history, including:
����
(1)
�
Adult abuse perpetrator
records by means of a search of the individual's name and birth date in the state
adult protective services central registry of reported cases established in section
346-224;
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(2)
�
Child abuse and neglect
records by means of:
���������
(A)
�
An initial name inquiry
in the state child welfare record files;
���������
(B)
�
A subsequent child
abuse confirmation history check for new hires and rehires; and
���������
(C)
�
An annual name inquiry
into state child welfare record files;
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(3)
�
Criminal history records
in accordance with section 846-2.7;
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(4)
�
Sex offender registry
records;
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(5)
�
Certified nurse aide
registry for information or findings pursuant to section 457A-3; [
and
]
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(6)
�
Adult abuse perpetrator
records, child abuse and neglect records, criminal history records, sex offender
registry records, and certified nurse aide registry records of another state where
a prospective employee or adult volunteer previously resided[
.
]
; and
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(7)
�
Fingerprints
submitted pursuant to subsection (c).
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"Conviction for a relevant crime"
means any federal or state conviction for any relevant crime as defined in this
section.
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"Criminal history record name inquiry"
means a record check by name for any federal or state conviction for any relevant
crime as defined in this section.
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"Department" means the department
of health.
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"Direct patient access employee"
means any individual, including a volunteer, who has access to a patient or resident
of a healthcare facility, or any provider through employment or through an agreement
or contract with such a facility or provider.
�
[
Such individuals include but are not limited to:
]
"Direct
patient access employee" includes but is not limited to
physicians, nurses,
nursing assistants, home health aides, therapists, activities personnel, and support
staff (i.e., housekeeping, dietary, etc.) who have direct access to patients or
patient belongings.
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"Disqualifying information"
means a conviction for a relevant crime or a finding of patient or resident abuse.
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"Healthcare facility" means
a facility, setting, or agency licensed or certified by the department of health
that provides mental health or health care services or living accommodations to
individuals, such as a skilled nursing facility, intermediate care facility, adult
residential care home, expanded adult residential care home, assisted living facility,
home health agency, home care agency, hospice, adult day health center, special
treatment facility, therapeutic living program, intermediate care facility for individuals
with intellectual disabilities, hospital, rural health center, community care foster
family home, home and community-based case management agency, adult day care center,
developmental disabilities domiciliary home, adult foster home for individuals with
developmental disabilities, community mental health center, and rehabilitation agency.
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"Name inquiry" means a criminal
history record check conducted by using the name and other identifying information
of the individual, in lieu of a fingerprint check.
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"Operator" means an individual
or entity that is licensed or is seeking licensure to operate a healthcare facility
and is responsible for the management and overall operations of that healthcare
facility.
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"Relevant crime" means:
����
(1)
�
Any offense described
in
title
42 United States Code [
�1320a-7
]
section 1320a-7
(section
1128(a) of the Social Security Act); or
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(2)
�
A crime of such a serious
nature or circumstance that the department finds its perpetrator to pose a risk
to the health, safety, or well-being of a patient or resident.
�
This includes but is not limited to murder, manslaughter,
assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or
possession, use, sale, manufacture, or distribution of dangerous drugs or controlled
substances.
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"Third-party employer"
means any person or entity other than the applicant or operator that employs,
contracts with, or otherwise retains an individual who provides services at a
healthcare facility pursuant to a contract, subcontract, agreement, or other
arrangement, including but not limited to a staffing agency, contractor, or
subcontractor.
����
(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 its designee
]
applicants, operators, and third-party
employers
may conduct background checks in accordance with this section.
����
(c)
�
All
applicants [
and
]
,
prospective operators,
prospective direct
patient access employees, prospective adult volunteers, and, in the case of any
healthcare facility operated in a private residence, any adult living in the
home other than the client
shall:
����
(1)
�
Be subject to b
ackground checks; [
and
]
����
(2)
�
Provide
consent to the [
department or its designee
]
applicant, operator, or
third-party employer
to conduct background checks[
.
]
; and
����
(3)
�
Submit
fingerprints; provided that fingerprints shall not be required for:
���������
(A)
�
Individuals
who have submitted fingerprints as a condition of their licensure; and
���������
(B)
�
Adult
volunteers for whom all other reviews required by this section have been
completed.
����
[
(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)
�
Be subject to
background checks in accordance with this section; and
����
(2)
�
Provide
consent to the department or its designee to conduct background checks.
����
(e)
�
The department or its designee shall obtain background check information
in accordance with this section from an applicant or operator, on the applicant
or operator, and on any prospective employees of the applicant or operator
including any new employee retained after the applicant is issued a license or
certificate under this part, which shall include an annual name inquiry into
state criminal history record files.
����
(f)
]
(d)
�
All applicants or operators shall obtain and
ensure completion of the background checks required by this section, including
background checks of any prospective direct patient access employee or adult
volunteer retained after the applicant is issued a license or certification
under this part; provided that for purposes of any prospective direct patient
access employee of a third-party employer described under subsection (f), the
applicant or operator may satisfy the requirements of this section by obtaining
and maintaining the written certification required by subsection (g); provided
further that the applicant or operator shall provide background check
information to the department upon request.
����
(e)
�
No applicant or operator shall employ, contract with, or permit any
direct patient access employee to work at, or an adult volunteer to serve at, a
healthcare facility unless:
����
(1)
�
The individual
has completed the background check required by this section; and
����
(2)
�
No
disqualifying information is found.
����
(f)
�
A third-party employer shall be responsible
for obtaining and ensuring the completion of the background check required by
this section for any prospective direct patient access employee who is
employed, retained, or assigned by the third-party employer prior to assigning
the direct patient access employee to work at a healthcare facility.
����
(g)
�
An applicant or operator may satisfy the
requirements of this section with respect to a prospective direct patient
access employee of a third-party employer by obtaining and maintaining written
certification from the third-party employer that:
����
(1)
�
The background
check required by this section has been completed; and
����
(2)
�
No
disqualifying information has been found.
The applicant or operator shall submit this
information to the department upon request.
����
(h)
Any
use of background check information to make an employment decision based on
conviction record information shall comply with the requirements of section
378-2.5(c), including any applicable limitation on the consideration of
conviction record information.
����
(i)
�
The department may revoke or suspend a current license or certificate, impose
penalties or fines, or deny an application for a license or certificate 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:
����
(1)
�
Refuses to [
authorize
the department or its designee to conduct a background check,
]
provide
the results of a background check to the department upon request,
refuses to
authorize the department [
or its designee
] to obtain background check record
information for verification, or refuses
to
consent to be fingerprinted[
;
]
when required under this section;
����
(2)
�
Refuses or fails to
submit [
to the department or its designee
] information required to perform
a background check;
����
(3)
�
Has any disqualifying
information; or
����
(4)
�
Has any background
check information that the department finds may pose a risk to the health, safety,
or welfare of the residents or patients of the healthcare facility.
����
[
(
g)
]
(j)
�
The fee charged [
by the Federal Bureau of
Investigation and the Hawaii criminal justice data center to perform criminal
history record
]
for conducting background
checks may be passed on to
all applicants, operators, direct patient access employees, and adult volunteers
at the healthcare facility and, in the case of a facility operated in a private
residence, all adults living in the home other than the clients.
����
[
(h)
]
(k)
�
The department [
or its designee
], in obtaining
and relying upon the background check information, is presumed to be acting in good
faith and shall be immune from civil liability for taking or recommending action
based upon the background check information.
�
The presumption of good faith may be rebutted upon a showing of proof by
a preponderance of the evidence that the department [
or its designee
] relied
upon information or opinion that it knew was false or misleading or that such reliance
was not reasonable.
����
[
(i)
]
(l)
�
Any applicant or operator who receives information
[
from the department or its designee
] relating to a background 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 reasonably taking
or recommending action based upon [
the department's recommendation or
direction.
]
background check information obtained in accordance with
this subsection or a written certification received from a third-party employer
pursuant to subsection (g).
�
Nothing in
this section shall affect rights, obligations, remedies, liabilities, or standards
of proof under chapters 368 and 378.
����
(m)
�
Background check record information
obtained in accordance with
subsection (l)
shall be used exclusively by the department [
or its
designee
]
, applicant, operator, or third-party employer
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.
����
(n)
�
An applicant, operator, or third-party
employer may apply to register as a qualified entity under section 846-2.7(c)
for the purposes of obtaining the background checks required by this section.
"
����
SECTION 3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 4.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Healthcare
Facilities; Background Checks; Applicants; Operators; Third-Party Employers;
Department of Health
Description:
Authorizes
applicants, operators, and third-party employers, rather than the Department of
Health, to conduct background checks of employees and adult volunteers at
healthcare facilities
.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.