STAND. COM. REP. NO. 3173

Honolulu, Hawaii

RE: H.B. No. 2576

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred H.B. No. 2576, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BACKGROUND CHECKS,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify and streamline background check requirements for health care facility applicants, operators, and direct patient access workers.

Your Committee received testimony in support of this measure from the Healthcare Association of Hawaii, Hawaiʻi Pacific Health, Kaiser Permanente Hawaiʻi, Surgicare of Hawaii; Hawaii Medical Association, LeadingAge Pacific West, Eye Surgery Center of Hawaii, and The Queen's Health Systems.

Your Committee received comments on this measure from the Department of the Attorney General, Department of Health, and Hawaiʻi Civil Rights Commission.

Your Committee finds that protecting vulnerable individuals is a core responsibility for every health care provider, and comprehensive background checks are a standard part of hiring and onboarding processes. However, a cumbersome, broad-based fingerprinting process may inadvertently prevent workers qualified under the State's laws from entry into the health care workforce, delaying hiring, diverting resources from patient care, and adversely impacting individuals who may be suitable candidates. This measure maintains strong protections for patients while ensuring that regulatory requirements are practical and appropriately tailored to different care settings.

Your Committee has amended this measure by:

(1) Restoring language in existing law by replacing the phrase "direct patient access worker" with "direct patient access employee" throughout the measure;

(2) Deleting language that would have added a definition of "third-party employer" to section 321-15.2, Hawaii Revised Statutes;

(3) Deleting language that would have allowed an applicant or operator to satisfy the background check requirements of section 321-15.2, Hawaii Revised Statutes, 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;

(4) Inserting an effective date of January 1, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2576, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2576, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair