State Orders Shut Down of Illegal Adult Care Home in Ocean View

February 27, 2020, 8:55 AM HST (Updated February 27, 2020, 8:55 AM)
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A woman has been fined by the state for operating an illegal adult residential care home out of Ocean View and has been issued a notice to immediately cease and desist operations.

The Hawai‘i Department of Health’s Office of Health Care Assurance (OHCA) made an unannounced visit to the home on Ocean View Parkway in response to complaints. Their investigation revealed that Emily Lee had been operating an unlicensed care home for over two years, providing living accommodations for at least one unrelated individual, 24 hours per day, for a fee.

The residents were receiving assistance with activities of daily living, personal care services, protection, and health care services, even though they did not have a valid license issued by OHCA.

OHCA issued Lee a Notice of Violation and Order (NOVO) and was ordered to immediately cease and desist operations of the unlicensed facility and pay an administrative penalty.

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“Our priority is to ensure the wellbeing of our kupuna by keeping them healthy and safe at facilities that are licensed and regulated,” said OHCA chief Keith Ridley. “State licensure ensures that caregivers are trained and experienced to provide care and have been cleared background checks. We encourage the public to contact the Department of Health if they suspect unusual activity or are uncertain whether the facility is licensed.”

According to OHCA, Lee must safely transfer residents from her unlicensed care home to a licensed adult residential care home or expanded adult residential care home within seven days. She is then required to notify OHCA in writing within one calendar day after the residents have been safely transferred to a licensed or certified facility and provide the name and address of the licensed or certified facility.

Lee has been ordered to pay a fine to the Hawai‘i Department of Health $100 for each day she operated the unlicensed facility, which totals to $86,900.

An adult residential care home and expanded adult residential care home are defined as any facility that provides 24-hour living accommodations for a fee to adults unrelated to the family that operates it and requires at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but does not need the professional health services provided in an intermediate, skilled nursing, or acute care facility.

Under state law, Lee has 20 days to submit a written request to the Department of Health to request a hearing to contest the Notice and Order.

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