Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 106 - BACKGROUND CHECKS › Section 11-106-2 - Definitions

Current through June, 2024
As used in this chapter: "Abuse" means any improper action or
				  activity or any omission of proper action or activity that results in physical,
				  emotional, financial or psychological injury or harm.
"Adult day health care" means an organized day program of
				  therapeutic, social, and health services provided to adults with physical or
				  mental impairments or both, who require nursing oversight or care, for the
				  purpose of restoring or maintaining, to the fullest extent possible, their
				  capacity for remaining in the community.
"Adult day health center" means a facility that provides
				  adult day health care.
"Adult residential care home" means any facility providing
				  twenty four hour living accommodations, for a fee, to adults unrelated to the
				  family, who require at least minimal assistance in the activities of daily
				  living, personal care services, protection, and healthcare services, but who do
				  not need the professional health services provided in an intermediate, skilled
				  nursing or acute care facility.
"Adults" means individuals aged eighteen years or
				  older.
"Applicant" means a person or entity seeking licensure or
				  certification to operate a healthcare facility, or a person or entity seeking
				  part-time or full-time- employment or contract or sub-contract with the
				  department. If the applicant is an entity, the term "applicant" shall also
				  include its principals, directors, partners, managers, agents, and
				  representatives to the extent that any of these individuals will have access to
				  or contact with clients, their finances, assets, personal property, medical
				  records, or individually identifiable information.
"Assisted living facility" means a combination of housing,
				  healthcare services, and personalized supportive services designed to respond
				  to individual needs, to promote choice, responsibility, independence, privacy,
				  dignity, and individuality.
"Background check" means a review of records stored in state
				  or national record repositories for history of abuse, neglect, threatened harm,
				  or other maltreatment against children or adults, and for any criminal history,
				  including:
(1) Adult abuse perpetrator records by means of a search of
				  the individual's name and birth date in the state adult protective services
				  central registry of reported cases established in section
				  346-224;
(2) Child abuse and neglect records by means of:
(A) An initial name inquiry in the state child welfare
				  records files;
(B) A subsequent child abuse confirmation history check for
				  new hires and rehires; and
(C) An annual name inquiry into state child welfare record
				  files;
(3) Criminal history records in accordance with section
				  831-3.1
				  and section
				  846-2.7;
(4) Sex offender registry records;
(5) Certified nurse aide registry for information or findings
				  pursuant to section 4 57A-3; and
(6) Adult abuse perpetrator records, child abuse and neglect
				  records, criminal history records, sex offender registry records, and certified
				  nurse aide registry records of another state where a prospective employee or
				  adult volunteer previously resided.
"Client" or "patient" or "resident" means an individual that
				  is receiving care or services from a healthcare facility, or an individual that
				  is receiving care or services from a healthcare provider.
"Community care foster family home" means a home as defined
				  in section
				  321-481, Hawaii
				  Revised Statutes (HRS).
"Conviction for a relevant crime" means any federal or state
				  conviction for any relevant crime as defined in this section.
"Criminal history record information" means information
				  collected by criminal justice agencies on individuals consisting of
				  identifiable descriptions and notations of arrests, detentions, indictments,
				  and other formal criminal charges, and any disposition arising therefrom,
				  sentencing, formal correctional supervisory action, and release; but does not
				  include intelligence or investigative information, identification information
				  to the extent that such information does not indicate involvement of the
				  individual in the criminal justice system, and information derived from
				  offender-based transaction statistics systems which do not reveal the identity
				  of individuals.
"Criminal history record information system" or 'system"
				  means a system, including the equipment, facilities, procedures, agreements,
				  and organizations thereof, for the collection, processing, preservation, or
				  dissemination of intrastate, interstate, and national criminal justice
				  data.
"Criminal history record name inquiry" means a search by name
				  and other identifying information using the state computerized criminal history
				  record information system.
"Department" means the State department of health or its
				  designee.
"Designee" means an agent or organization acting on behalf of
				  the department.
"Developmental disabilities domiciliary home" has the same
				  meaning as defined in section
				  321-15.9,
				  HRS.
"Direct patient access employee" means any individual,
				  including a volunteer, who has direct access to a patient or resident of a
				  healthcare facility (or direct access to a patient's belongings) including but
				  not limited to physicians, nurses, nursing assistants, home health aides,
				  therapists, activities personnel, and support staff (i.e. housekeeping,
				  dietary, etc.).
"Director" means the director of the State department of
				  health.
"Disqualifying information" means a conviction for a relevant
				  crime or a finding of patient or resident abuse.
"Expanded adult residential care home" means any facility
				  providing twenty-four hour living accommodations, for a fee, to adults
				  unrelated to the family, who require at least minimal assistance in the
				  activities of daily living, personal care services, protection, and healthcare
				  services, and who may need the professional health services provided in an
				  intermediate care or skilled nursing facility.
"Finding of patient or resident abuse" means a confirmation
				  that an allegation of patient or resident abuse has been substantiated.
"Healthcare facility" has the same meaning as defined in
				  section
				  321-15.2,
				  HRS.
"Healthcare provider" means any healthcare professional or
				  healthcare agency, clinic, facility, operator or organization licensed,
				  certified, or contracted by the department.
"Home and community-based case management agency" has the
				  same meaning as defined in section
				  321-482,
				  HRS.
"Home care agency" has the same meaning as defined in section
				  321-14.8, HRS.
"Hospice service" has the same meaning as defined in section
				  321-15.63,
				  HRS.
"Hospital" or "broad service hospital" or "acute care
				  hospital" means a facility that is licensed under HAR chapter
				  11-93 or its successor chapter, and
				  staffed and equipped to provide inpatient medical or surgical care, or both,
				  for acute and chronic illness, injury, or obstetrics.
"Intermediate care facility" means a facility that provides
				  appropriate care to persons referred by a physician, who:
(1) Need twenty-four hours per day assistance with the normal
				  activities of daily living;
(2) Need care provided by licensed nursing personnel and
				  paramedical personnel on a regular, long term basis, and;
(3) Do not need skilled nursing or paramedical care
				  twenty-four hours per day.
"Intermediate care facility for individuals with intellectual
				  disabilities" means a facility that provides health, social, and rehabilitative
				  services to individuals with intellectual disabilities through an individually
				  designed active treatment program in accordance with Hawaii Administrative
				  Rules (HAR) section
				  11-99.
"Licensee" means any person awarded a state license or state
				  certificate to operate a healthcare facility.
"Name inquiry" means a criminal history record check
				  conducted by using the name and other identifying information of the
				  individual, in lieu of a fingerprint check.
"Operator" means an individual or entity that is licensed or
				  certified or is seeking licensure or certification to operate a healthcare
				  facility and is responsible for the management and overall operations of that
				  healthcare facility.
"Rap back program" means the fingerprint program administered
				  by the Hawaii Criminal Justice Data Center in accordance with section
				  846-2.7(a),
				  HRS.
"Rehabilitation agency" means a clinic or facility
				  established and operated exclusively for the purpose of providing diagnostic,
				  therapeutic, and restorative services to outpatients for the rehabilitation of
				  injured, disabled, or sick persons, at a single fixed location, by or under the
				  supervision of a physician "Relevant crime" means:
(1) Any offense described in
				  42
				  United States Code section 1320a-7 (section
				  1128(a) of the Social Security Act), which includes:
(A) A crime related to the delivery of an item or service
				  under this chapter;
(B) A crime relating to neglect or abuse of patients in
				  connection with the delivery of a healthcare item or service;
(C) A crime consisting of a felony relating to fraud, theft,
				  embezzlement, breach of fiduciary responsibility, or other financial
				  misconduct; or
(D) A crime consisting of a felony relating to the unlawful
				  manufacture, distribution, prescription, or dispensing of a controlled
				  substance; or
(2) A crime of such a serious nature or circumstance that the
				  perpetrator poses a risk to the health, safety, or well-being of a patient or
				  resident. This includes but is not limited to murder, manslaughter, assault,
				  sex offense, domestic violence, theft, forgery, arson, kidnapping, or
				  possession, use, sale, manufacture, or distribution of dangerous drugs or
				  controlled substances.
"Reputable and responsible character" means an
				  individual:
(1) Has not been convicted of a relevant crime; or
(2) Does not have a finding of patient or resident abuse as
				  defined by this chapter.
"Rural health center" means a clinic or primary health center
				  in a designated rural area that provides rural health services pursuant to the
				  federal Rural Health Clinic Services Act of 1977 ( Public Law 95-210, 12 C.F.R.
				  § 491 ) primarily to make available outpatient or ambulatory care services
				  of the nature typically provided in a physician's office or outpatient clinic.
				  The services must be made available by the clinic, including specified types of
				  diagnostic examination, laboratory services, and emergency treatments.
"Skilled nursing facility" means a health facility that
				  provides skilled nursing and related services to patients whose primary need is
				  for twenty-four hours of skilled nursing care on an extended basis and regular
				  rehabilitation services.
"Special treatment facility" means a facility that provides a
				  therapeutic residential program for care, diagnosis, treatment, or
				  rehabilitation services for socially or emotionally distressed persons,
				  mentally ill persons, persons suffering from substance abuse, and
				  developmentally disabled persons. Special treatment facilities shall include
				  short term crisis residential programs and long term residential treatment
				  programs.
"Therapeutic living program" means a supervised living
				  arrangement that provides mental health, substance abuse services, or
				  supportive services for individuals or families who do not need the structure
				  of a special treatment facility and are transitioning to independent living.
				  The program aids residents in meeting basic needs and provides supportive
				  services through a required service plan.