Senior couple sues the state over laws that separate them
CRAIG T. KOJIMA / 2015
Noboru and Elaine Kawamoto
A senior couple filed a federal civil rights lawsuit Thursday seeking to invalidate state laws that prevent them from living together in the same licensed care home.
Noboru Kawamoto, 95, and his wife, Elaine, 89, have been married for 68 years. Both require nursing-level care and want to live out their twilight years together.
But for the past two years, Noboru Kawamoto, a World War II and 442nd Regimental Combat Team veteran, has lived in a foster family care home in Kaneohe while his wife has lived in an adult residential care facility in Punaluu.
That’s because state licensing laws and related administrative rules prohibit community care foster family homes from having more than one private-pay client, like the Kawamotos. Spouses on Medicaid, however, may live in the same home.
The Kawamotos contend that limiting private-pay clients to one in a home is unconstitutional. They filed a lawsuit in U.S. District Court on Thursday seeking to invalidate the laws and block Gov. David Ige, state Health Director Virginia Pressler and state Human Services Director Rachel Wong from enforcing them.
Sidney and Terry Kaide were in a similar situation in 2009 when state lawmakers approved a temporary exception that allowed them to live together until Sidney Kaide died later that year. The exception was in place for two years, and lawmakers didn’t renew it.
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In response to the Kawamotos’ plight, lawmakers considered legislation last year to renew the exception and make it permanent. The legislation stalled, so lawmakers took it up again this year.
Pressler and Wong opposed changing the law and in a letter to lawmakers in April said there are other options that would allow the Kawamotos to live together. They said Noboru Kawamoto can move into the same facility where his wife lives. Alternatively, they said, the Kaneohe care home operator can seek the same kind of certification as the Punaluu facility, which has no private-pay restrictions.
Lawmakers did not approve the proposed legislation.
The Kawamotos’ lawyer Jeffrey Portnoy said, “Sure, there are other options. But that’s not the point.”
He said it is unconstitutional to allow spouses on Medicaid to live together in a state-licensed care home but deny the same access to private-pay clients. He also said the Punaluu facility does not provide the level of care Noboru Kawamoto requires.
A spokeswoman for Ige said the state had not been served with the lawsuit and had no comment.
29 responses to “Senior couple sues the state over laws that separate them”
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The real issue is, separating an old married couple.
They were together for many decades. It should be a crime, to separate them, while they still love each other.
He served with the 442bd during WW2. The US – Japanese citizenry were punished during WW2. Not again.
As I have said over and over for years, another of thousands of daily example of the utter incompetence of elected bureaucrats, city and state government agencies.
Lets look back on how the state insisted the only way to keep the island rabies free was to require a multi month stay at state facilities for all incoming animals. No exceptions, follow state law or get out. It took an ADA federal lawsuit against the state by a blind person who was barred from bringing in their assistance animal with all required rabies shots, medical requirements. They were kicked out by the state, told to go home and not come back. In federal court, the Feds slapped them down to the ground, invalidated state laws. State bureaucrats finally realized their utter incompetence. http://caselaw.findlaw.com/us-9th-circuit/1339604.html
Now we have similar issues where the state just can’t get its act together. A new lawsuit by a sharp attorney will again bring the state to its knees, admitting more willful incompetence, change the laws, let common sense rule.
Just another day in the little 8th world of Hawaii Nei.
Heartless, sinful and any adjectives I can add. Wake up you idiots, someday you will be in the same boat.
“He said it is unconstitutional to allow spouses on Medicaid to live together in a state-licensed care home but deny the same access to private-pay clients.”
Unbelievable,.
Yes, why is it okay for Medicaid spouses to live together but private payers cannot? Ludicrous.
I think the intent of the law is to assure that those people on Medicaid won’t be priced out of care facilities. That being said, I think there should be exceptions in a case-by-case situation.
That would require compassion, common sense, initiative, know how and action. NONE of which apply to C&C or State government here.
The poor couple is S # C * R # E – W * E ~ D
Years ago I think I remember such a case that was given an EXCEPTION<> Come on Let them stay Together.
Ige is a wos, vote this loser out.
I suppose our heartless legislature figured that if they waited just one more year perhaps one of them would pass away and this would no longer be an issue.
The ligature failed to represent the PEOPLE. It is unbelievable that the bill stalled. It is an election year and I hope that the names of those who prevent passage of a bill be known. As speaker of the House, Souki could have gotten this bill through as he controls the house. This just goes to show that the legislature is too worried about passing laws for special interest as well as their own. If you haven’t already received campaign literature from your legislators bragging what they have done and their so called accomplishments just wait. You can bet not one of the will say that they tried to help to a law such as what is needed not only to help this couple of many others. Will it take for them to have their parents or loved one to be in this situation. Remember it election year and it may be the voters opportunity to think whether they have been represented and their voices heard. Our legislature has surly changed in the past few years. Very sad what they are doing.
We’ve become a heartless breed of people. Its all about the money!
True. No more aloha anymore. The state beginning to be like the mainland…. Heartless .
I have found that some places like Wisconsin are far from “heartless”, why pick on the mainland when Hawaii “HAS” become heartless, old couple can’t live together but maybe they could ride the train to nowhere?
The needs of seniors in Hawaii have been forgotten, in favor of catering to able-bodied people who refuse to work and choose to freeload. Another reason this state is doomed.
We need to please the Krakaako condo owners, whatever it takes…and for however much it takes
And how many exemptions are granted to wealthy landowners who grease the palms of legislators with donations and who knows what else?
The politicians are just delaying and hoping the problem will “pass away” so they won’t have to deal with it. Sick, just sick sick sick… I can’t believe we voted these losers into office.
Awww, make the exception already. Where’s the empathy and common sense from politicians?
Sad that not one had the courage to see this through. Make your vote be heard this coming election. Starting from scratch may not be a bad idea.
Many politicians lack those two fundamental qualities.
What the hell is wrong with our govt, let this couple live their life out together. Here we go again Hawaii, with its stupid law.
I hope they win this law suit ,,, the State should be ashamed of themselves to permit this to go this far …
Agree, lets all hope they win quickly and that aside from being allowed to live together, that they receive a substantial damages award. Who in the State is accountable?
This is wrong any which way you look at it.
It says worlds that our legislature can’t pass a simple law like this but passes all sorts of legally and morally iffy laws.
At last, an issue about which pretty much everyone can agree. I wish them the best of times together.
Shame on Ige, Pressler and Wong for opposing legislation to correct this injustice. Now taxpayers will be left to pay damages and attorney fees yet again when the courts inevitably rule in favor of this couple. Seitz has made a career of suing our corrupt politicians and the state, this is one case where I agree with him.
Ahhh come on elected officials, you can’t be that dumb and lazy! I guess you are. Must be nice collecting that paycheck while doing next to nothing. This is sick.