Criminal History Record & Background Check

PROGRAM IMPLEMENTATION UPDATE as of August 15, 2019:  DOH and DHS are working diligently to get the new HI BCS system up and running as quickly as possible.  The initial target date to go-live was August 19, 2019. However, our goal is to implement a quality system rather than to implement it fast. As a result, we have postponed this go-live until a later date to be determined. Please continue with your current background check process. We will send another update closer to the new date with reminders and more specific instructions on how you will proceed.

Criminal Background Check System Orientation

 

Hawaii Revised Statute (HRS) §§321-15.2, 346-97 and 846-2.7 requires the Department of Health (DOH) and the Department of Human Services (DHS) to conduct background checks to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, 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.

Jointly, DOH and DHS have developed the Hawaii Background Check System (HI BCS) to assist facilities and the providers to comply with the background check requirements by providing a central internet-based method of applying for a background check and to check on the status of current or past background checks.

Starting in the summer 2019, the HI BCS will be available for use by the public.  Background checks will continue to be completed by DOH’s and DHS’s designee, currently Fieldprint.  The designee will obtain fingerprints and make fitness determinations.  In addition, the HI BCS will offer additional functionality for licensed and certified employers.  The additional functionality of HI BCS includes the following:

 1)    Records of Fitness Determinations:  Fitness determinations could be shareable.  If an employment applicant has a completed background check with a Green Light determination within the last year, qualified employers may be allowed to “view” that fitness determination and NOT need to obtain a new background check to hire the employment applicant.  In this case, the applicant could be hired immediately.

 2)    Incorporate Rap Back:  Employment tracking within HI BCS will make sure that you will be notified if a future Rap Back is received, which may affect whether your employee is eligible to continue working for you.

 3)    Automatic Searches:  Registries such as the HI Nurse Aide registry and the OIG Exclusions List can be checked through an auto-match process rather than manually reentering applicant information for each search.  This will reduce errors, save time and produce a clear record of the searches that were performed.  HI BCS can also perform auto-match name registry checks in other states where an applicant previously resided if that state has implemented an auto-match system.  DOH and DHS are working to add other registries onto this auto-match process.

 

General Information
Criminal History Record Check Standards 
Frequency of Criminal History Record Checks and Registry Screens 
Process for Obtaining Criminal History Record Checks and Registry Screens 
Fees
Appeals Process


Criminal History Record and Background Check Information 


Effective January 2013

Below are links to information on the Med-QUEST Division (MQD) criminal history record and background check program for home and community based services (HCBS) providers for QUEST Integration (QI) and the Developmental Disabilities and Intellectual Disabilities (DD/ID) 1915 (c) waiver.


General Information

The Med-QUEST Division (MQD) is revising its process to conduct criminal history record checks as well as Adult Protective Services (APS) and Child Abuse and Neglect (CAN) registry checks. These revised processes are for Home and Community Based Service (HCBS) providers for the QUEST Integration (QI) program and Developmental Disabilities and Intellectual Disabilities (DD/ID) 1915(c) Waiver providers.

All providers must assure that their employees are reputable and of a responsible character so that the health, welfare, and safety of Medicaid beneficiaries will not be at risk. The providers subject to this requirement include both those providing services through the QUEST Integration (QI) program and the DD/ID 1915(c) waiver.

Both criminal history record checks and Adult Protective Services (APS) and Child Abuse and Neglect (CAN) registry checks are utilized by the MQD to assure that providers meet the requirements established in §346-97, Hawaii Revised Statutes (HRS), Criminal history record checks and TITLE VI--TRANSPARENCY AND PROGRAM INTEGRITY, PART III--Improving Staff Training, Section 6201 of the Affordable Care Act (ACA) of 2010.

Criminal history record checks are an authorized noncriminal justice fingerprint-based search of the state criminal history record repository and the FBI system. A combination of criminal history record, APS and CAN Protective Services Central Registry checks are used to determine employment suitability as defined in §346-97, HRS. A copy of the criteria that DHS or its designee uses to determine employment suitability is found below.

Criminal History Record Check Standards 

Frequency of Criminal History Record Checks and Registry Screens

Providers shall assure that all of their employees have a criminal history record check processed according to the frequencies listed below.

Agency/Service

FBI and State Fingerprint Check (AFIS)

State Name Check (eCrim) APS Screen
CAN Screen

Frequency based upon new employment

Within 30 days

Within 12 months

Within 30 days

Within 12 months

There-after

Within 30 days

Within 12 months

There-after

Within 30 days

Within 12 months

There-after

MQD HCBS Providers

X

X

X

X

Bi-annual

X

X

Bi-annual

X

X

Bi-annual

DD/ID Providers

X

X

X

X

Bi-annual

X

X

Bi-annual

X

X

Bi-annual

 

Process for Obtaining Criminal History Record Checks 

    1.  Provider or employer will need to create/set-up a provider /employer's account for these services at                       www.fieldprinthawaii.com

    2.  If you are a new Medicid provider, email [email protected] for a psuedo provider number.

    3.  Once the provider/employer's account is set up, Fieldprint will provide a fieldprint code to you.

    4.  Give the fieldprint code to your aplicant/employee to register fingerprinting collection.

    5.  If applicant/employee have questions on fingerprinting schduling, email [email protected]

    6.  If provider/employer, need assistance with account management, agreements/setups, psuedo provider number, billing,          administrative access and status, email [email protected]

                              

Fees

The following is a summary of the fees that will be charged for the criminal history record and registry check processes effective October 1, 2016:

Service Fees
Criminal history record and registry check (includes fingerprinting, screen of Hawaii and Federal AFIS, APS and CAN screens)- fees for this service are described below $68.00
Federal Bureau of Investigation and Hawaii Criminal Justice Data Center $42.00
APS/CAN screens (fingerprint collection not included) $11.00
Appeals processing fee $25.00


Fees may be paid by either the provider or the applicant. The provider may pay for their applicants through one of two methods: a company credit card or invoice. Providers shall communicate their preferred method while registering with Fieldprint.

Providers are not required to pay fees for their employees. If the provider is not paying the fees, then the applicant will need to pay them when registering for fingerprint collection with a credit card.

Applicants need to show up for their scheduled appointment. Failure for an applicant to show up for their appointment will result in loss of fees paid for the criminal history record check. Applicants can reschedule their appointment (without loss of fees) at least twenty-four hours prior to the appointment time.
 

Appeals Process

Below are documents to use in the appeals process, to request an exemption from the red light determination of the criminal history record or registry checks: 

DHS 1200 – Request for Exemption form 
DHS 1200A – Request for Exemption form Instructions 
Exemption Procedures 
Exemption Checklist 
Statement of Authenticity – only use when requesting an exemption for eCrim results