HAWAII BACKGROUND CHECK REQUIREMENTS
Background checks are required by law to own, operate, apply for employment, work, contract or subcontract, or volunteer, at healthcare facilities licensed or certified by the Hawaii Department of Health (DOH), Office of Health Care Assurance (OHCA), or to live in a private residence (other than a client) being operated as a healthcare facility, or for certain programs under the Hawaii Department of Human Services (DHS), to ensure the health, safety and welfare of patients, clients, and residents of licensed or certified healthcare facilities or DHS beneficiaries.
Hawaii Revised Statute
Hawaii Revised Statute (HRS) §§321-15.2, 346-97 and 846-2.7 requires the DOH and the DHS to conduct background checks to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility that is licensed and certified, or licensed or certified by the department, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients, and foster grandparents under the foster grandparent program, companions under the senior companion program and respite companion program, and developmental disabilities (DD)/intellectual disabilities (ID) providers and home and community-based services (HCBS) providers under the Medicaid 1915(c) Waiver program, and a person or entity seeking part-time or full-time employment or contract or sub-contract with the departments. Background checks include a review for any criminal history records including adult abuse perpetrator records in the adult protective services’ central registry, child abuse and neglect records in the child welfare records files, criminal history records in accordance with section 831-3.1, HRS and section 846-2.7, HRS, sex offender registry records, certified nurse aide registry, and other similar records where a prospective employee or adult volunteer previously resided. See, HAR 11-106-2.
Hawaii Administrative Rules
DOH, through OHCA, adopted Chapter 11-106, Hawaii Administrative Rules (HAR), entitled “Background Checks”, on February 3, 2019, to ensure the health, safety, and welfare of clients, patients, and residents. Chapter 11-106, HAR, requires state licensed applicants, state licensed or certified health care facility operators, and all prospective direct patient access employees and adult volunteers of health care facilities to be subject to background checks.
Background Check Designee
Chapter 11-106, HAR, also authorizes the DOH to designate an agent or organization to conduct the background checks on behalf of the department. OHCA, in coordination with the DHS Med-QUEST Division (MQD), selected Fieldprint as the department’s designee, and background checks must be conducted through them. Fieldprint conducts checks on state and federal criminal history records and on the adult protective services (APS) and child abuse and neglect (CAN) registries at the DHS and report the results to the background check applicant.
Individual Applications for Background Checks
Background check applicants must apply online at www.fieldprinthawaii.com for a background check. The background check may include a criminal history record check and/or a check of state abuse registries and may involve a fingerprint check. The easy-to-follow step-by-step application process is explained on the Fieldprint website.
Applicants are required to register with Fieldprint and may be required to pay a fee for the background check.
As part of the application, the applicant will schedule a date, time, and location, for the fingerprint check and they must appear in person for their scheduled appointment. Two (2) forms of identification will be required at the time of the appointment. At least one form of ID must be a valid government issued photo ID such as a driver’s license, passport, or state ID card. Failure to appear will result in the loss of fees paid for the background check. Applicants can reschedule their appointment without payment penalty if rescheduled at least 24 hours prior to the appointment time.
Fieldprint will notify applicants when the background check is completed. Refer to Background Check Results and Appeal Rights, below.
Consent by the Background Check Applicant is Required
When applying for a background check, the background check applicant shall provide consent to the DOH or its designee to obtain the applicant’s fingerprints and conduct the criminal history record check. Additional sources will be checked by the DOH or its designee as part of the background check process pursuant to Chapter 11-106, HAR.
The background check applicant must also indicate whether the applicant has ever been convicted of a crime.
If the above consent is not provided or if the applicant refuses or is unwilling to indicate a prior conviction, the background check application will be denied and a background check cannot be performed.
Background Checks Are MANDATORY
The background check application process notifies the applicant at the time of the background check application that their fingerprints will be entered into the state’s rap back program. The rap back program is the fingerprint program administered by the Hawaii Criminal Justice Data Center. It is an automated notification system to the DOH or its designee of an arrest of individuals who are part of the rap back program.
However, since arrest information does not include information whether the arrest actually turned into a conviction or not (i.e., an arrest does not necessarily mean a conviction), arrest information cannot be used as a substitute for a background check. Therefore, all health care facility licensees and their employees, volunteers, and contractors are required to comply with the state’s background check requirements including annual or biennial (every two years) background checks. See, HAR 11-106-5.
Health Care Facility Requirements
All health care facility licensees or administrators must ensure compliance with Chapter 11-106, HAR, and background check requirements may also be contained in the administrative rules for the specific type of facility.
Please review Chapter 11-106, HAR at https://health.hawaii.gov/opppd/files/2019/02/11-106.pdf to review details on the background check requirements and process.
Health care facilities shall also conduct checks of sex offender registry records, certified nurse aide registry, and other similar records on prospective employees, employees, contractors, or adult volunteers included where they previously resided.
All results of background checks should be documented and maintained on file to demonstrate compliance with state health care facility licensing and certification requirements. Failure to comply with these requirements may result in enforcement action against a facility up to and including the issuance of administrative penalties, or revocation, suspension, or non-renewal of a state license.
If individual background check applications are submitted through a health care facility, the facility must use Fieldprint. Facilities may establish an account with Fieldprint to pay for background checks for their employees, contractors, subcontractors, prospective employees, and volunteers, if they wish.
In addition to the Fieldprint checks, health care facilities are required to conduct checks on sex offender registries and certified nurse aide registries in Hawaii and in any other states where a prospective employee or adult volunteer previously resided. These background checks may also satisfy Medicaid provider participation requirements.
Health care facilities may contact Fieldprint at [email protected] if they need assistance with account management, pseudo provider numbers, billing or administrative access.
Fieldprint Background Check Applications
Background check applications may be submitted to Fieldprint online at https://hawaii.fieldprint.com/User/SignIn?ReturnUrl=%2f. New users to Fieldprint will need a temporary pseudo number to create an account and existing users may sign in on this page. New users should contact Fieldprint at [email protected] for assistance.
Background Check Results
Fieldprint will process the background check application and notify applicants by email when the results are ready to be viewed. NOTE: Background check results will not be sent by email.
Applicants will log on to their Fieldprint account to view the results and will see either a Green Light or Red Light determination.
Green Light: a green light determination means that the applicant has cleared the background check process and may be employed as or to provide direct service to clients. Save this information for your records and print the screen (click on print symbol) or provide the information to your employer as appropriate.
Red Light: a red light determination means that the applicant has a conviction or confirmation of abuse and is not allowed to be employed as or to provide direct service to clients unless an exemption is granted. Save this information for your records and print the screen.
Applicants with red light determinations will be guided to another screen where the date and type of conviction or date and type of confirmation of abuse will be shown. Save this information for your records and print the screen.
If the applicant’s criminal history record or protective services central registry indicates a red light determination, the applicant may apply for an exemption. Refer to the instructions on How to File for an Exemption. In addition, read the DOH Form 106E instructions, and complete and submit the Form 106E as directed on the form. Follow the checklist and be sure to submit all required information. Failure to submit all required information will delay the exemption determination process and may lead to a denial of the exemption application.
OHCA, MQD, and Fieldprint are working to create a more streamlined web-based portal through which background checks applications may be submitted and where results will be available. We will keep you posted on the progress of this portal.
OHCA Forms Links