Four Cited for Operation of Unlicensed Adult Residential Care Home

The Hawaii Department of Health’s Office of Health Care Assurance (OHCA) has continued conducting investigations of unlicensed ARCHs (adult residential care home) properties and other care services to ensure the health and safety of seniors.

“The safety and wellbeing of our kupuna is our highest priority,” said Keith Ridley, OHCA chief. “If anyone suspects unusual or illegal activity or is uncertain whether a facility is licensed, please reach out to us and report it. We are here to help ensure that our seniors are receiving quality care at licensed facilities and agencies throughout the state.”

OHCA has issued two Notices of Violation and Order (NOVOs) for two illegal ARCHs located at 45-1117 Cobb Adams Road in Kaneohe, Hawaii, and for an unlicensed home care agency. April M. Mabe, RN, of Cobb-Adams LLC; Dwayne N. Nasu of 565 Halekauwila Street, LLC; Ken Arima; and Linda Fong Arima (aka Linda Sau Khing Fong) have been ordered to immediately cease and desist operations of the unlicensed care homes and home care agency and to pay administrative penalty fees totaling $379,100. The individuals and companies have 20 days to request a hearing to contest the notice and order.

Based on an unannounced visit and investigation conducted in response to complaints, OHCA determined that a complex network of companies and individuals consisting of Cobb-Adams LLC; 565 Halekauwila Street, LLC; April M. Mabe, RN; Dwayne N. Nasu; Ken Arima and Linda Fong Arima (aka Linda Sau Khing Fong); have been illegally operating two ARCHs or Expanded ARCHs (E-ARCHs). It was also determined that the Residence at Cobb Adams LLC (aka Cobb Adams Home Care Services), operated by April M. Mabe, RN, has been illegally operating as an unlicensed home care agency by providing services to residents living at the two unlicensed care homes.

In addition to requiring the individuals and companies to cease operations, they have been ordered to:

1. Safely transfer the residents from the unlicensed care homes to a licensed adult residential care home or expanded adult residential care home within seven days;
2. 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;
3. Pay a fine to the Hawaii Department of Health totaling $344,000 for professional services of an unlicensed home care agency (HCA) conducted at an unlicensed adult residential care home (ARCH). This is based on $1,000 for each day of unlicensed operation times 344 days as calculated from the initial date of services provided to each resident at the unlicensed ARCH to the date of the NOVO, inclusive (June 14, 2019 to May 22, 2020);
4. Pay a fine totaling $35,100 for the unlicensed care home based on a first violation of $100 for each day of unlicensed operations times 351 days as calculated from the date of admission into the unlicensed facility to the date of transfer of all residents, inclusive (June 14, 2019 to May 29, 2020). The transfer date is seven calendar days from the NOVO receipt date; and
5. Disclose to the Hawaii Department of Health whether or not there are any other care home, home care agency, or any health care related entities or services owned or operated by COBB-ADAMS LLC, 565 HALEKAUWILA STREET, LLC, Residence at Cobb Adams LLC (aka Cobb Adams Home Care Services), April M. Mabe, RN, Dwayne N. Nasu, Ken Arima, or Linda Fong Arima (aka Linda Sau Khing Fong), or any other entity, agency, or organization owned, managed, or operated by these same entities or individuals in the same manner as 45-1117 Cobb Adams Road, Kaneohe, Hawai’i 96744 or other unlicensed care homes, home care agencies, or any health care related entities or services.

An ARCH and E-ARCH are defined as any facility that provides 24-hour living accommodations for a fee to adults who require at least minimal assistance in activities of daily living, personal care services, protection, and health care services. These adults do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility, and are unrelated to the family that operates the ARCH or E-ARCH.

A Home Care Agency (HCA) is defined as a public or proprietary agency, a private, nonprofit organization, or a subdivision of an agency or organization, engaged in providing personal care services or homemaker services to clients in the client’s temporary or permanent place of residence. An HCA does not include organizations that provide only housecleaning services, nor does it apply to an individual, including an individual who is incorporated as a business, or is an unpaid or stipended volunteer.

The NOVO does not preclude or limit actions by any other public agency or private party. Whenever OHCA surveyors identify potential abuse or neglect, these incidents are immediately reported to Adult Protective Services (APS) for a thorough investigation. APS is part of the Adult Protective and Community Services Branch of the Hawaii Department of Human Services.