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GM 1142

Informing the Legislature that on May 26, 2026, the Governor signed the following bill into law: HB2576 HD2 SD2 CD1 (ACT 042).

2026 Regular Session

HB 2576 CD1 tightens and standardizes Hawaii healthcare facility background checks, expanding fingerprint and name-based screenings to more roles and enabling stricter enforcement

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Bill Summary · GM 1142

Overview

GM 1142 (HB 2576, CD1) reports that the Governor signed HB2576 into law on May 26, 2026. The act clarifies and streamlines background check requirements for individuals involved with healthcare facilities in Hawaii, including applicants, operators, employees, and volunteers.

main purpose and intent

  • To clarify, standardize, and streamline background check processes for healthcare facilities.
  • To ensure that individuals with access to patients or patient information undergo appropriate screenings to protect patient safety and welfare.

Key provisions and changes

  • Amends Section 321-15.2, Hawaii Revised Statutes, to provide definitions and establish background check requirements for:
    • Adults, applicants, operators, direct patient access employees, and volunteers.
    • Healthcare facilities (licensed or certified by the Department of Health) and facilities operated in private residences.
    • Relevant crimes, disqualifying information, and various background-check components (fingerprint-based checks and name-based checks).
  • Background checks scope:
    • One-time fingerprint-based background check for all applicants, operators, and direct patient access employees (with exceptions).
    • Initial name-based background check for all applicants, operators, and direct patient access employees.
    • Annual or biennial name-based background checks for ongoing compliance, with updates considering out-of-state records if applicable.
  • Specific exemptions and eligibility:
    • Fingerprint-based checks are not required for certain hospital-affiliated professionals (e.g., physicians or PAs credentialed by a hospital, or those already fingerprinted as part of licensure with comparable background checks).
    • Hospitals may conduct name-based background checks in lieu of the department/designee checks, provided they maintain documentation of compliance and allow access to that documentation upon request.
  • Disqualifying information:
    • Includes relevant criminal history, adult/child abuse findings, sex offender registry, and related records from Hawaii and other states where applicable.
  • Procedures and enforcement:
    • The Department of Health shall adopt rules to ensure reputable and responsible character of all applicable individuals, including those in private residence facilities.
    • The department may revoke or suspend licenses, impose penalties, or deny licensure for noncompliance, refusals to consent, or presence of disqualifying information.
  • Related statutory updates:
    • Section 321-171.5 amended to require procedures for obtaining verifiable background check information for positions involving direct contact with clients receiving non-witnessed health services, aligning with section 321-15.2.
  • Effective date:
    • Takes effect July 1, 2026.

Who is affected

  • Applicants seeking licensure or certification to operate healthcare facilities.
  • Licensed or operating healthcare facilities and their management.
  • Direct patient access employees (e.g., doctors, nurses, aides, therapists, support staff) and volunteers.
  • Adults living in facilities operated in private residences (where applicable).
  • Hospitals and other clinical providers that may substitute name-based checks for department-based checks.

Procedural and timeline aspects

  • Effective date: July 1, 2026.
  • New and updated background-check processes include fingerprint-based and name-based checks, with time-bound (one-time initial, annual/biennial) requirements.
  • Compliance includes consent to background checks, ongoing verification, and potential enforcement actions for noncompliance.

Summary

HB 2576 CD1 clarifies and tightens background-check requirements for healthcare facilities and their personnel in Hawaii, expanding the use of fingerprint-based and name-based checks, detailing who must be screened, and specifying enforcement mechanisms to protect patient safety. It allows certain facilities to use their own background-check processes if properly documented, and aligns procedures for private-residence facilities with broader health care standards. The act becomes effective July 1, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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