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DOH Issues Notice of Violation and Order to Unlicensed Care Home

Government and Politics

June 5, 2024

From: Hawaii Governor Josh Green, M.D.

HONOLULU - The Hawai‘i Department of Health (DOH) Office of Health Care Assurance (OHCA) issued a Notice of Violation and Order (NOVO) to Emalyn Esteban, and or Emmy’s Care Home, LLC, for operating an unlicensed adult residential care home (ARCH) 94-382 Kaholo Street, Mililani, Hawai?i.

Esteban formerly operated an ARCH at the Kaholo Street location until July 31, 2022. OHCA investigated after the closure and discovered that Esteban was still operating without a valid ARCH license.

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 adult residential care homes to be licensed to ensure the health, safety, and welfare of the individuals in those homes.

Esteban is required to cease and desist operation of her unlicensed ARCH and pay an administrative penalty of $117,000, based on $1,000 for each day the unlicensed facility was in operation - a total of 117 days from January 29, 2024 to May 24, 2024 - calculated from the date of a notice of non-renewal of licensure to the date when all of the residents were transferred out of the unlicensed facility.

Esteban 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.