Care Home Rules Subject of Lawsuit
The suit聽seeks to reunite an elderly couple, but officials have warned聽against widespread exceptions in the law.
Care home industry representatives say Noburo and Elaine Kawamoto are being prevented from living together聽by state regulations. Now the elderly married couple has filed a lawsuit against Gov. David Ige, Department of Health Director Virginia Pressler and Human Services Department Director Rachael Wong.
The care home industry has long touted the Kawamotos’ story聽as a reason to change a Hawaii law that prevents more than one private-pay patient from living in a community care foster family home.
Noburo, a 94-year-old decorated World War II veteran, said he preferred the residential setting of community homes to institutional settings. As a result,聽the couple says they can’t live together.
Skeptics of the Kawamotos’ story have said the couple could move to a home that allows more than one private-pay client, and that the regulations protect care home clients who are on Medicaid.
Community care foster homes can take up to three patients at a time, but two of those聽must be on Medicaid, which serves low-income patients.
During the 2015 legislative session, House Vice Speaker John Mizuno said an unforeseen “dilemma” meant that accepting Elaine Kawamoto into her husband’s home meant a Medicaid patient would need to be kicked out.
Earlier this year when lawmakers attempted a revival of legislation to聽make an exception for聽two聽private-pay patients in community care foster homes, state Health Department Director Pressler said the program was designed with Medicaid patients in mind.
“The legal effect of these laws (aimed for Medicaid patients’ benefit) is that private-paying, non-Medicaid elderly spouses who require the services of a community care foster family home cannot live together under the same roof,” the.
