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Home Hawai'i Statewide News Hawaiʻi Department of Health Issues Notice of Violation and Order an $828k Penalty to Unlicensed Waipahu Care Home Operator

Hawaiʻi Department of Health Issues Notice of Violation and Order an $828k Penalty to Unlicensed Waipahu Care Home Operator

by Thunda
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The Hawai‘i Department of Health’s Office of Health Care Assurance (OHCA) issued a Notice of Violation and Order today to Anita Felipe, owner of Island Promise Homes, LLC, for operating an unlicensed care home at 94-947 Lumihoahu Street in Waipahu.

As a result of a complaint alleging the operation of an unlicensed adult residential care home, health department inspectors conducted two announced investigations, the first in December 2018 and a subsequent follow-up investigation in July 2020. During both investigations, the health department confirmed unrelated residents were receiving care at that home.

During the first investigation, Felipe, who is a licensed registered nurse in Hawai‘i and was operating three licensed adult residential care homes in Honolulu, admitted she was providing care for individuals in the unlicensed facility.

Hawai‘i law requires all adult residential care homes to be licensed to ensure the health, safety, and welfare of the individuals in those homes. An adult residential care home is defined as any facility that provides 24-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 health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility.

Records from Felipe show that the four residents who were living in the Waipahu home at the time of the second investigation were transferred to one of Felipe’s licensed care homes in Honolulu later that same month. There are currently no residents at the unlicensed Waipahu home.

Felipe is required to pay an administrative penalty of $828,000, based on $1,000 for each day the unlicensed facility was in operation — a total of 828 days from April 24, 2018 to July 29, 2020 — calculated from the date of admission of the first resident into the unlicensed facility to the date when all of the residents were transferred out of the unlicensed facility.

Felipe has 20 days to submit a written request for a hearing or the NOVO will become final and enforceable after the 20-day period.

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