STAND. COM. REP. NO. 2065

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2063
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was
referred S.B. No. 2063 entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to require the Department of
Health (DOH) to request a criminal history record check on
applicants for a license to operate an adult residential care
facility or nursing home, and to require the Department of Human
Services (DHS) to request a criminal history record check on
applicants for registration to operate a home care agency, as
well as their employees.

     Your Committee received testimony in support of this measure
from the DOH, DHS, Attorney General, Executive Office on Aging,
Hawaii State Commission on the Status of Women, American
Association of Retired Persons, Hawaii Coalition for Affordable
Long-Term Care, Kokua Council, Parents and Children Together,
Hawaii Nurses' Association, Hawaii Women Lawyers, Policy Advisory
Board for Elder Affairs, and two private individuals.

     This measure specifies that the DOH and the DHS may not deny
a license or registration solely on the basis of the check, if
the conviction is not sufficiently related to the financial or
personal welfare or safety of the provider's residents, if the
current or prospective employees can demonstrate rehabilitation,

 
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                                   STAND. COM. REP. NO. 2065
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or if the conviction occurred more than ten years prior to the
registration or licensure.

     Your Committee finds that operators and employees of adult
residential care homes, nursing homes, and home care agencies
work in close proximity to the frail and elderly who are
vulnerable to abuse.  This measure offers a modicum of protection
against potential abuse.

     Testimony on this measure indicated a great concern for the
administrative costs of conducting criminal history record
checks.  However, all testifiers agreed that such checks need to
be done.  This measure is limited to checks on applicants for
licenses.  Ultimately, your Committee believes that checks should
be made on all operators.  This measure is a first step toward
that goal.  Your Committee defers this issue to the Committee on
Judiciary for determination, including the matter of costs.

     Your Committee has amended this measure by:

     (1)  Clarifying the definition of "criminal history record
          check" to include requiring the applicant to furnish
          information;

     (2)  Adding home health services and assisted living
          facilities to the list of applicants under the DOH
          requiring a check;

     (3)  Adding day care centers for elder disabled and aged
          persons and facilities providing care to dependent
          adults and deleting home care agencies to the list of
          applicants under the DHS requiring a check;

     (4)  Authorizing Hawaii criminal justice data center to
          disseminate information gathered under this measure to
          the DOH and DHS; and

     (5)  Making technical, nonsubstantive changes to reflect
          preferred drafting style and for 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 S.B. No. 2063, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2063,
S.D. 1, and be referred to the Committee on Judiciary.


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



                                   ______________________________
                                   SUZANNE CHUN OAKLAND, Chair

 
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