REPORT TITLE:
Elderly & Dependent Adults


DESCRIPTION:
Allows DHS to conduct background criminal history needs checks on
persons who work with elder and dependent adults; allows DHS to
release that information; requires police and adult protective
service workers to report to each other on abuse complaints.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        995
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ELDERLY AND DEPENDENT ADULTS. 


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

 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to part IV, to be appropriately
 
 3 designated and to read as follows:
 
 4      "§346-     Criminal history record checks.  (a)  The
 
 5 department shall make an annual name inquiry into the state
 
 6 criminal history record files for the first two years a provider
 
 7 is licensed to operate and biennially thereafter.
 
 8      (b)  The department shall adopt rules pursuant to chapter 91
 
 9 to provide for criminal history record checks of new and existing
 
10 providers of services and their employees who have direct contact
 
11 with individuals to be served, of current and prospective
 
12 employees of the provider who have direct contact with
 
13 individuals to be served, and of new employees of the provider
 
14 who have direct contact with individuals to be served, after a
 
15 contract for services has been awarded.
 
16      (c)  Each provider shall submit to the department statements
 
17 signed under penalty of perjury by the provider, identifying all
 
18 current, prospective employees, and new employees of the provider
 
19 who have direct contact with individuals to be served and
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 indicating whether the provider, all current and prospective
 
 2 employees, or new employees of the provider have ever been
 
 3 convicted of a crime, other than a minor traffic violation
 
 4 involving a fine of $50 or less, and shall provide consent to the
 
 5 department to conduct a criminal history record check and to
 
 6 obtain other criminal history record information for
 
 7 verification.  The provider, current and prospective employees,
 
 8 and new employees of the provider who have direct contact with
 
 9 individuals to be served shall also be fingerprinted for the
 
10 purpose of a national criminal history record check.
 
11      (d)  The department may obtain criminal history record
 
12 information through the Hawaii criminal justice data center which
 
13 may assess the provider, current or prospective employees, or new
 
14 employees of the provider who have direct contact with
 
15 individuals to be served, a reasonable fee for each criminal
 
16 history record check performed.
 
17      (e)  The department may terminate a contract or refuse to
 
18 contract with a provider, if:
 
19      (1)  The provider, current or prospective employees, or new
 
20           employees of the provider who have direct contact with
 
21           individuals to be served, refuses to submit to the
 
22           department statements indicating criminal convictions,
 
23           refuses to provide consent to the department to conduct
 

 
Page 3                                                     995
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           a criminal history record check or obtain other
 
 2           criminal history record information for verification,
 
 3           refuses to be fingerprinted, has been convicted of a
 
 4           crime other than a minor traffic violation involving a
 
 5           fine of $50 or less; or
 
 6      (2)  The department finds that the criminal history record
 
 7           of the provider or employee may pose a risk to the
 
 8           health, safety, or well-being of individuals being
 
 9           served by the contract.
 
10      (f)  For the purposes of this section:
 
11      "Criminal history record check" means an examination of an
 
12 individual's criminal history record through:
 
13      (1)  An initial fingerprint analysis and name inquiry into
 
14           state and national criminal history record files; and
 
15      (2)  Subsequent fingerprint analyses for new hires and
 
16           rehires.
 
17      "Provider" means an organization or individual contracted by
 
18 a state agency to provide health or human services to the public
 
19 on its behalf, licensed by the department of health or by the
 
20 department of commerce and consumer affairs.
 
21      §346-    Release of criminal history information.  Upon
 
22 written request of an elder, disabled, or aged person, or their
 
23 representative, the department shall release to that person or
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 representative information obtained under section 346-    , and
 
 2 information about a confirmed report of abuse under part X of
 
 3 this chapter."
 
 4      SECTION 2.  Chapter 346D, Hawaii Revised Statutes, shall be
 
 5 amended by adding two new sections to be appropriately designated
 
 6 and to read as follows:
 
 7      "§346D-     Criminal history record checks.  (a)  The
 
 8 department shall make an annual name inquiry into the state
 
 9 criminal history record files for the first two years a provider
 
10 is licensed to operate and biennially thereafter.
 
11      (b)  The department shall adopt rules pursuant to chapter 91
 
12 to provide for criminal history record checks of new and existing
 
13 providers of service and their employees who have direct contact
 
14 with individuals to be served, of current and prospective
 
15 employees of the provider who have direct contact with
 
16 individuals to be served, and of new employees of the provider
 
17 who have direct contact with individuals to be served, after a
 
18 contract for services has been awarded.
 
19      (c)  Each provider shall submit to the department statements
 
20 signed under penalty of perjury by the provider, identifying all
 
21 current, prospective employees, and new employees of the provider
 
22 who have direct contact with individuals to be served and
 
23 indicating whether the provider, all current and prospective
 

 
Page 5                                                     995
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 employees, or new employees of the provider have ever been
 
 2 convicted of a crime, other than a minor traffic violation
 
 3 involving a fine of $50 or less, and shall provide consent to the
 
 4 department to conduct a criminal history record check and to
 
 5 obtain other criminal history record information for
 
 6 verification.  The provider, current and prospective employees,
 
 7 and new employees of the provider who have direct contact with
 
 8 individuals to be served shall also be fingerprinted for the
 
 9 purpose of a national criminal history record check.
 
10      (d)  The department may obtain criminal history record
 
11 information through the Hawaii criminal justice data center which
 
12 may assess the provider, current or prospective employees, or new
 
13 employees of the provider who have direct contact with
 
14 individuals to be served, a reasonable fee for each criminal
 
15 history record check performed.
 
16      (e)  The department may terminate a contract or refuse to
 
17 contract with a provider, if:
 
18      (1)  The provider, current or prospective employees, or new
 
19           employees of the provider who have direct contact with
 
20           individuals to be served, refuses to submit to the
 
21           department statements indicating criminal convictions,
 
22           refuses to provide consent to the department to conduct
 
23           a criminal history record check or obtain other
 

 
Page 6                                                     995
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           criminal history record information for verification,
 
 2           refuses to be fingerprinted, has been convicted of a
 
 3           crime other than a minor traffic violation involving a
 
 4           fine of $50 or less; or
 
 5      (2)  The department finds that the criminal history record
 
 6           of the provider or employee may pose a risk to the
 
 7           health, safety, or well-being of individuals being
 
 8           served by the contract.
 
 9      (f)  For the purposes of this section:
 
10      "Criminal history record check" means an examination of an
 
11 individual's criminal history record through:
 
12      (1)  An initial fingerprint analysis and name inquiry into
 
13           state and national criminal history record files; and
 
14      (2)  Subsequent fingerprint analyses for new hires and
 
15           rehires.
 
16      "Provider" means an organization or individual contracted by
 
17 a state agency to provide health or human services to the public
 
18 on its behalf, licensed by the department of health or by the
 
19 department of commerce and consumer affairs.
 
20      §346D-    Release of criminal history information.  Upon
 
21 written request of an elder, disabled, or aged person, or their
 
22 representative, the department shall release to that person or
 
23 representative information obtained under section 346-    , and
 

 
Page 7                                                     995
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 information about a confirmed report of abuse under part X of
 
 2 this chapter 346."
 
 3      SECTION 3.  Section 346-225, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§346-225[]]  Confidentiality of reports.  [All] (a)
 
 6 Except as provided in subsection (b), reports made pursuant to
 
 7 this part, including the identity of the reporting person, as
 
 8 well as all records of such reports, are confidential and any
 
 9 person who makes an unauthorized disclosure of a report or
 
10 records of a report under this part shall be guilty of a
 
11 misdemeanor.  The director of human services may adopt, amend, or
 
12 repeal rules, pursuant to chapter 91, to provide for the
 
13 confidentiality of reports and records, and for the authorized
 
14 disclosure of reports and records.
 
15      (b)  The department and the police department of the county
 
16 where an abuse occurs shall report in writing to one another of
 
17 any report under section 346-224 within twenty-four hours, except
 
18 on weekends and holidays, of an initial report received by
 
19 either.  A written report shall contain, at a minimum:
 
20      (1)  The name and address of the dependent adult;
 
21      (2)  The name and address of the dependent adult's guardian
 
22           or other person responsible for the dependent adult's
 
23           care, including an entity;
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (3)  The name and address of the person or entity that is
 
 2           suspected of committing the abuse, if known;
 
 3      (4)  The dependent adult's proximate age;
 
 4      (5)  The nature, extent, and type of abuse; and
 
 5      (6)  Any other information that may be helpful or relevant
 
 6           to the investigation of abuse."
 
 7      SECTION 4.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 5.  This Act shall take effect upon its approval.