Department of Health issues Notice of Violation and Order to unlicensed care home

Posted on Apr 26, 2023 in Newsroom

KAHULUI, HI – The Hawai‘i Department of Health Office of Health Care Assurance (OHCA) issued a Notice of Violation and Order (NOVO) today to Bella Ariota, and/or Ariota, Frank & Bella Trust, for operating an unlicensed adult residential care home (ARCH) at 732 Pala Circle in Kahului, Maui.

Health department inspectors conducted an investigation in November 2022, stemming from a complaint alleging the operation of an unlicensed ARCH at said location. The results of the investigation confirmed that 11 unrelated residents were receiving care at that home.

During the investigation, Ariota, who is a licensed registered nurse in Hawai‘i, admitted she was providing care for individuals in the unlicensed facility, which has 10 bedrooms downstairs and 11 bedrooms upstairs.

An ARCH 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. Hawai‘i law requires all ARCHs to be licensed to ensure the health, safety, and welfare of the individuals in those homes.

Ariota is required to cease and desist operation of her unlicensed ARCH, and pay an administrative penalty of $51,200, which is based on $100 for each day the unlicensed facility was in operation (a total of 512 days from December 1, 2021 to April 26, 2023), 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.

Ariota has 20 days from the date of receipt of the NOVO 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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