Hawai‘i Department of Health orders illegal care home in Honolulu to close and issues a $249,000 finePosted on Sep 3, 2020 in Newsroom
HONOLULU — “The Grateful ARCH,” an illegal adult residential care home at 4416 Ukali Street in Honolulu, has received a Notice of Violation and Order (NOVO) following an investigation by the Hawai‘i Department of Health’s Office of Health Care Assurance (OHCA).
The home is operated by Marina Ulep, who was providing care to two unrelated individuals. One of the residents has been at the care home since 2013 — about the same time the home was closed as a certified Community Care Foster Family Home (CCFFH) due to caregiver neglect. The other resident had been there for 3 years.
Marina Ulep verbally stated to the investigators that both residents were not just lessees; they were receiving personal care services, which included bathing, dressing, undressing, toileting, incontinence care, laundry, and housekeeping. This meets the criteria of an adult residential care (ARCH) or an Expanded ARCH, which requires a valid license issued by OHCA to operate legally.
The respondent is required to:
- Cease and desist operation of the unlicensed ARCH or Expanded ARCH located at 4416 Ukali Street, Honolulu, Hawaii 96818, effective immediately:
- Transfer all residents to a licensed ARCH or Expanded ARCH within seven (7) calendar days of receipt of the NOVO;
- Notify in writing to OHCA within one (1) calendar day following transfer of all residents that the residents have been safely transferred to an OHCA licensed or certified facility and provide the name and address of the licensed or certified facility;
- Pay an administrative penalty totaling $249,400 based on the respondents’ first violation of $100 for each day of unlicensed operation times two-thousand four hundred ninety four (2,494) days as calculated from the date of admission of the first resident to the date of transfer of all residents, inclusive (November 7, 2013 to September 4, 2020). The transfer date is seven (7) calendar days from the NOVO receipt date.
- Disclose in writing to the Department of Health any other care home operated by Marina Ulep and/or The Grateful ARCH, LLC and/or Mr. David Tsutsumi, or any other entity, agency, or organization owned, managed, or operated by Marina Ulep and/or The Grateful ARCH, LLC and/or David Tsutsumi, in the same manner as 4416 Ukali Street, Honolulu, Hawaii 96818, or confirm in writing that Marina Ulep and/or The Grateful ARCH, LLC and/or David Tsutsumi, does not own, operate or manage in any way other unlicensed care homes.
The NOVO becomes final and enforceable 20 days after receipt unless a written request for a hearing is submitted.
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