Find & Ask › Hawaii › this rule

Haw. Rev. Stat. 321-15.2 - Background checks (criminal history record and registry screening for direct patient access employees)

HawaiistatuteHawaii Department of Health, Office of Health Care Assurance (OHCA); Med-QUEST Division (Medicaid)

What this rule requires your agency to do

  • 1The provider/operator must document and maintain all background check results on file to demonstrate compliance. (OHCA background check guidance under HRS 321-15.2)(Haw. Rev. Stat. 321-15.2 - Background checks (criminal history record and registry screening for direct patient access employees))
  • 2The provider must screen covered individuals against criminal history records, adult abuse perpetrator records in the adult protective services' central registry, child abuse and neglect records in the child welfare files, the sex offender registry, and the certified nurse aide registry. (Haw. Rev. Stat. 321-15.2; OHCA background check guidance)(Haw. Rev. Stat. 321-15.2; OHCA background check guidance)
  • 3The provider must ensure that all prospective applicants, operators, direct patient access employees, and adult volunteers have a criminal history record check processed before or upon employment. (Haw. Rev. Stat. 321-15.2)(Haw. Rev. Stat. 321-15.2)
  • 4The provider must assure that its employees are reputable and of responsible character to protect the safety of Medicaid beneficiaries and clients. (Med-QUEST criminal history background check guidance)(Haw. Rev. Stat. 321-15.2 - Background checks (criminal history record and registry screening for direct patient access employees))
  • 5The provider must complete the initial criminal history record check within 30 days of new employment and repeat checks on the required annual or biennial (every two years) cycle. (Med-QUEST / OHCA background check frequency guidance)(Haw. Rev. Stat. 321-15.2 - Background checks (criminal history record and registry screening for direct patient access employees))
  • 6For care-home settings, the operator must include background checks on all adults living in the home other than the clients. (OHCA background check guidance under HRS 321-15.2)(Haw. Rev. Stat. 321-15.2 - Background checks (criminal history record and registry screening for direct patient access employees))

Applies to: home care, personal care, HCBS direct patient access employees

Under HRS 321-15.2, Hawaii health care facilities and HCBS/Medicaid providers must ensure that prospective applicants, operators, direct patient access employees, and adult volunteers undergo criminal history record checks and registry screening (adult protective services abuse registry, child abuse/neglect records, sex offender registry, and nurse aide registry), on an initial and recurring (annual or biennial) basis, and retain documentation to demonstrate compliance.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.