Big Island Mayor Requests Release of Money for Prosecuting Attorney’s Office

Hawaii County Mayor Harry Kim sent a letter to Governor David Ige on October 4th  requesting the release of money appropriated for the Office of the Prosecuting Attorney to fund the Career Criminal Prosecution Unit in 2018:

Dear Governor Ige,

This letter is a formal request for the release of $150,000 appropriated for the County of Hawai’i for the Office of the Prosecuting Attorney to use to fund the Career Criminal Prosecution Unit in the fiscal year 2018. This was authorized in the Hawaii State Budget, SB26, SD1, HD1, CD1, ACT 204 enacted on July 11, 2017.

The County of Hawaii is committed to the implementation of ACT 204 and looks forward to collaborating with other County and State criminal justice agencies in fulfilling the goal prosecuting and bringing justice to cases that involve career criminals. As provided for in the Career Criminal Prosecuting plan, we intend to fund eleven (11) positions described on the attached “Budget Detail” The Hawai’i County Council has approved the funding provided to the County in ACT 204 as an Intergovernmental Agreement between the State of Hawai’i and the County of Hawaii.

Please contact Lee Lord, Business Manager, Office of the Prosecuting Attorney, County of Hawaii, at (808) 934-3315, if you require any additional information.

Sincerely,
Mayor Harry Kim

Rep. Tulsi Gabbard Cosponsors Bipartisan Legislation to Ban “Bump Stocks”

Congresswoman Tulsi Gabbard (HI-02) today supported bipartisan legislation as an original cosponsor to ban the manufacture, sale, and use of “bump stocks” and similar devices. The legislation would also make violation of the law a felony and allow for increased penalties for offenders through a review of federal sentencing guidelines.

“In the aftermath of the Las Vegas tragedy, this bill is an important bipartisan measure that will ban devices that exploit loopholes in existing laws prohibiting automatic weapons. I urge my colleagues to take action and support this bipartisan, commonsense legislation. There is clearly more that Congress can and should do, like passing legislation that will require background checks to those seeking to purchase a gun, which the majority of Americans support. Bills like the one we are introducing today are an important first step to bringing people together around issues that best serve the safety and wellbeing of the American people,” said Congresswoman Tulsi Gabbard.

Background: “Bump stocks” are devices that use a semi-automatic weapon’s recoil to allow rapid fire at a rate mirroring that of a fully automatic weapon — 400 to 800 rounds a minute. These devices are legal, unregulated, widely available, and can be purchased online for as little as $100. Their sole purpose is to exacerbate the rate of fire.

The bipartisan legislation introduced today is supported by 10 Republicans and 10 Democrats, including Carlos Curbelo (FL-26), Seth Moulton (MA-6), Peter King (NY-2), Jared Polis (CO-2), Leonard Lance (NJ-7), Robin Kelly (IL-2), Patrick Meehan (PA-7), Jacky Rosen (NV-3), Ed Royce (CA-39), Beto O’Rourke (TX-16), Chris Smith (NJ-4), Matt Cartwright (PA-17), Erik Paulsen (MN-3), Ruben Kihuen (NV-4), Ryan Costello (PA-6), John Delaney (MD-6), Ileana Ros-Lehtinen (FL-27), Gene Green (TX-29), and Charlie Dent (PA-15).

Rep. Tulsi Gabbard is also a cosponsor of the Automatic Gunfire Prevention Act (H.R.3947).

Hawai`i Department of Health Approves Fourth Dispensary to Begin Retail Sales of Medical Cannabis

The Hawai‘i State Department of Health (DOH) has issued a formal notice to proceed to Mānoa Botanicals LLC dba Noa Botanicals after the dispensary completed laboratory testing requirements and passed its final onsite inspection. Noa Botanicals is the fourth licensed medical cannabis dispensary in the state (and the second on O‘ahu) to receive approval to begin sales of medical cannabis to registered patients and their caregivers.

The licensed retail center for Noa Botanicals is located at 1308 Young Street in Honolulu, and the dispensary expects to begin sales at the site this month.

“We are continuing to closely work with both the licensed dispensaries and private laboratories in each of the counties to help them meet all of the requirements as efficiently as possible without compromising product or patient safety,” said Keith Ridley, who oversees the medical cannabis dispensary program for the Hawaii State Department of Health.

The rigorous dispensary approval processes to open and begin selling medical cannabis are based on the requirements of Hawai‘i Revised Statutes Chapter 329D and Hawai‘i Administrative Rules Chapter 11-850. Dispensaries are required to comply with all state and county, health, safety, and sanitation regulations, and are subject to unannounced inspections by the Hawaii Department of Health.

The other licensed retail centers are:

  • Maui Grown Therapies, located at 44 Pa‘a Street in Kahului, Maui, which was the first licensed dispensary in Hawai‘i to receive a notice to proceed on Aug. 8, 2017;
  • Aloha Green, in the Interstate Building at 1314 South King Street in Honolulu, received its notice to proceed on Aug. 9, 2017; and
  • Pono Life Sciences Maui LLC, at 415 Dairy Road in Kahului, Maui, was the second Maui dispensary to receive a notice to proceed on Sept. 29, 2017.

Registered patients and their caregivers may purchase up to four ounces of medical cannabis during a 15 consecutive day period and purchase a maximum of eight ounces over a 30 consecutive day period. All use of medical cannabis must be on private property and may not be used in a car while on the road, at work, at the beach, on hiking trails, or in any other public space.

There are eight licensed dispensaries in Hawai‘i. There are three on O‘ahu: Aloha Green Holdings Inc.; Mānoa Botanicals LLC dba Noa Botanicals; and TCG Retro Market 1, LLC dba Cure O‘ahu. There are two in Hawai‘i County: Hawaiian Ethos LLC and Lau Ola LLC. The two Maui dispensaries include Maui Wellness Group, LLC dba Maui Grown Therapies; and Pono Life Sciences Maui, LLC. The one dispensary located on Kaua‘i is Green Aloha, Ltd. Each licensed dispensary is an independent business and operates based on their individual business plans.

More information on the Medical Cannabis Dispensary Program is available at www.health.hawaii.gov/medicalcannabis/.

Criminal Pretrial Task Force Public Meeting Announcement

The Criminal Pretrial Task Force will be holding a public meeting from 1 to 3 p.m. on Friday, October 13, at Aliiolani Hale, 417 South King Street, room 101 on the first floor.

The purpose of the meeting is to gather input from individuals and interested organizations about criminal pretrial practices and procedures.

“We want to ensure that everyone is given the opportunity to provide feedback to the task force,” said Judge Rom A. Trader, chair of the task force. “For example, we want to know if the current pretrial system is working. What needs to be done to improve it? What features would a highly-functioning and fair pretrial system have?

“We also welcome thoughts or suggestions relating to criminal pretrial reform for the task force’s consideration as it develops recommendations to the Legislature,” Judge Trader added.

House Concurrent Resolution No. 134, HD1 was adopted by the 2017 Legislature and requested the Judiciary to convene a task force to examine and, as needed, recommend legislation and revisions to criminal pretrial practices and procedures to increase public safety while maximizing pretrial release of those who do not pose a danger or a flight risk. The task force is also charged with identifying and defining best practices and metrics to measure the relative effectiveness of the criminal pretrial system, and establish ongoing procedures to take such measurements at appropriate time intervals.

Members of the task force represent a broad cross section of agencies who participate in the criminal justice system in different ways.

For those who are unable to attend the meeting, comments may be sent to  HCR134.Jud@courts.hawaii.gov by 5 p.m. on Friday, October 13. Include your name, contact information, and affiliation.

Anyone needing auxiliary aids or services to participate in this meeting (i.e., ASL, foreign language interpreter or wheelchair accessibility) should contact the Judiciary Legislative Coordinating Office at 539-4893 at least 24 hours prior to the meeting.

Legislation Helps Provide More Body-Worn Cameras to Local Law Enforcement Agencies

Last week, U.S. Senators Brian Schatz (D-Hawai‘i) and Rand Paul (R-Ky.) and U.S. Representative Steve Cohen (D-Tenn.) introduced the Police Creating Accountability by Making Effective Recording Available (Police CAMERA) Act of 2017.  This legislation would create a pilot grant program to assist state and local law enforcement agencies develop safe and effective body-worn camera programs that also protect civilians’ privacy rights.

“We can’t restore trust between our communities and law enforcement without transparency and accountability. Body cameras alone won’t repair that relationship, but they have proven to be effective and can do a great deal to keep both police officers and community members safe and accountable,” said Senator Schatz

“Body cameras will benefit the brave men and women who serve in our police force and the people they protect,” said Senator Paul. “The use of body cameras helps officers collect and preserve evidence to solve crimes, while also decreasing the number of complaints against police. The Police CAMERA Act will help state and local police departments access this new tool, while ensuring that the privacy rights of every civilian are respected.”

“Justice is supposed to be blind, but it is not supposed to be blind to the facts. Police body cameras can help provide evidence and restore some much-needed trust between police and the communities they serve,” said Congressman Cohen. “The cameras could show the officer’s actions for what they were, proving both lawful and unlawful activity. The vast majority of police are well meaning, dedicated public servants, and we depend upon them to keep us safe from criminals. But the fact remains some officers go beyond the law in a callous disregard for due process.  Their actions damage the public trust that is essential for good police to be able to serve and protect our communities. Police body cameras, alone, will not solve this problem, but they are an important step in the right direction. I would like to thank Senators Schatz and Paul for their leadership on this issue and for partnering with me on this legislation.”

The Police CAMERA Act of 2017 would establish a pilot grant program using existing funding to assist state, local, and tribal law enforcement agencies with the purchasing or leasing of body-worn cameras. It would also authorize an impact-study after two years. The study would assess the impact body-worn cameras have on reducing the use of excessive force by police, its effects on officer safety and public safety, and procedures to protect the privacy of individuals who are recorded.

“The resulting benefits of the body-worn cameras after almost two years of usage have greatly exceeded my expectations,” said Darryl D. Perry, Chief of Police of the Kauai Police Department. “Not only have our officers embraced this technology wholeheartedly, but our community has commended KPD for being open and transparent.”

Original cosponsors of the bill include U.S. Senators Kirsten Gillibrand (D-N.Y.) and Jeff Merkley (D-Ore.).

Big Island Police Searching for Missing 27-Year-Old Puna Woman

UPDATE:  Hawaiʻi Island police have located Sadie Ditus who was reported as missing earlier today (October 9).  She was found in good condition in Hilo at 11:00 a.m.

Hawaiʻi Island police are searching for a 27-year-old Puna woman reported as missing.

Sadie Ditus

Sadie Ditus, was last seen in Hilo (October 3).

She is 5-feet-8-inches, 115 pounds, thin build, pale complexion, with blue eyes and shoulder-length curly light-brown hair.

She is known to frequent and lives in the Pāhoa area.

Police ask anyone with information on her whereabouts to call Officer Terrance Scanlan at the Puna Police Station (808) 965-2716 or the Police Department’s non-emergency line at (808) 935-3311.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at (808) 961-8300. All Crime Stoppers information is kept confidential.

Big Island Police Searching for 65-Year-Old Man

UPDATE: Hawaiʻi Island police have located Robert McNabb who was reported missing, (October 5).  He was found in good condition earlier today (October 9).

Hawaiʻi Island police are seeking the public’s assistance in locating a 65-year-old missing man.

Robert McNabb

Robert R. McNabb was last seen in the Hilo area on October 5, 2017.

He is described as part Hawaiian, 5’ 10”, 145 lbs, grey shoulder length hair, brown eyes, tan complexion, he was last seen wearing black colored jean pants and a black short sleeve shirt, carrying a back pack.

He resides in Honokaa.

Police ask anyone with information on her whereabouts to call Detective Kayne Kelii at (808) 961-2378 or the Police Department’s non-emergency line at (808) 935-3311.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at (808) 961-8300.

State of Hawaii to Introduce Bill for Free Credit Freezes

The State of Hawaii Office of Consumer Protection (OCP) announced the office will propose legislation directing consumer credit agencies to provide security freezes at no cost to Hawaii residents. The measure will be introduced as part of the Governor’s Administration package during the next legislative session.

Recent events involving security breaches of databases containing sensitive identifying information, such as social security numbers and addresses, has shown that repositories of consumers’ personal information continue to be at a high risk of infiltration by identity thieves.  Although many consumers have taken proactive steps to protect their personal information by requesting consumer reporting agencies to place a security freeze on their credit reports, many have not done so due to the costs associated with obtaining a security freeze.

The purpose of the bill is to enhance consumer protections by allowing consumers to request a consumer reporting agency to place, lift, or remove a security freeze on their credit reports free of charge, considering recent events involving security breaches of databases containing consumer identifying information. Consumer reporting agencies are allowed by state law to charge a fee up to $5 for each request to place, lift, or remove a security freeze.

“Our actions are based on doing the right thing to protect Hawaii’s residents,” said Governor David Ige. “When a business is designed to profit off of managing the public’s personal information, they have a good faith duty to protect that information—not solely on behalf of their shareholders but equally on behalf of their customers. This did not happen and the public is now at risk.”

“Our citizens should have the right to freeze their credit files without cost and without unnecessary hassles. The breach involving Equifax has shown that we cannot rely solely on companies to safeguard our personal information.  By encouraging people to proactively protect themselves from becoming victims of a security breach this bill will help to reduce identity theft in Hawaii,” added Steve Levins, Executive Director of the Office of Consumer Protection.

Equifax disclosed earlier this month that it suffered a breach affecting at least 143 million Americans. Information compromised in the breach includes Social Security numbers, driver’s license numbers, names, dates of birth, credit card numbers and addresses—creating a perfect opportunity for impacted people to become victims of identity theft.

In announcing the breach, Equifax stated it would offer free credit monitoring to everyone. The company has set up a website where people can check whether their personal information potentially was affected by the breach: http://www.equifaxsecurity2017.com.

The Office of Consumer Protection has since announced an investigation into the massive data breach involving the consumer reporting agency.

In view of this breach the Office of Consumer Protection is urging consumers to seriously consider placing a credit freeze on their credit reports with all 3 consumer reporting agencies: TransUnion, Experian, and Equifax. More information on Equifax’s credit monitoring and a guide to initiate a security freeze is available at http://cca.hawaii.gov/ocp/equifax.

Additionally, the OCP states that consumers should:

  • Regularly request their free credit reports, inspect them closely, and promptly dispute any unauthorized accounts;
  • Inspect all financial account statements closely and promptly dispute any unauthorized charges;
  • Consider placing alerts on their financial accounts so their financial institution alerts them when money above a pre-designated amount is withdrawn;
  • Beware of potential phishing emails; don’t open any email messages or attachments from unknown senders and do not click on any unknown links. Fraudsters will frequently send coercive and misleading emails threatening account suspension or worse if sensitive information is not provided. Remember, businesses will never ask customers to verify account information via email. If in doubt, contact the business in question directly for verification and to report phishing emails; and
  • Be on the lookout for spoofed email addresses. Spoofed email addresses are those that make minor changes in the domain name, frequently changing the letter O to the number zero, or the lowercase letter l to the number one. Scrutinize all incoming email addresses to ensure that the sender is truly legitimate.

Consumers with questions regarding Equifax’s data breach are encouraged to contact Equifax at 866-447-7559.

Click to read full release

Hawai`i Joins Coalition of 18 States Opposing President’s Contraception Coverage Rollback

Attorney General Doug Chin today joined a coalition of 18 attorneys general warning the Trump administration that it should expect legal action over its discriminatory, ill-considered, and dangerous move to effectively end the contraception coverage rule created by the Affordable Care Act. The 18 attorneys general have written Acting Secretary of Health and Human Services Don Wright, Secretary of Labor R. Alexander Acosta, and Secretary of Treasury Steven Mnuchin expressing their strong opposition to the Trump administration’s action that will increase healthcare costs for women, lead to more unplanned pregnancies, and place even more strain on state budgets.

Attorney General Doug Chin

Attorney General Chin said, “We are talking about basic access to health care for women. Contraception provides women the autonomy they deserve. It’s also used to treat a variety of serious conditions having nothing to do with birth control. And the public has had no opportunity to comment.”

For millions of women the contraception coverage rule has reduced their healthcare costs, helped address medical conditions, and allowed them to make their own decisions about when and if to have children. Before the contraception coverage rule, birth control accounted for 30-44% of a woman’s out-of-pocket healthcare costs. Now, 62 million women across the country have access to contraception without a co-pay, saving an average of $255 per year for oral pill contraceptives, and the percentage of women who have a co-pay for contraception has fallen from more than 20% to less than 4%.

“Allowing any employer or insurance company with a religious or ‘moral’ objection to contraception to opt out of this requirement will take away women’s autonomy to make their own reproductive decisions and put those decisions in the hands of their employers,” write the attorneys general. “Subjecting women to the religious and moral beliefs of their employers violates the right to privacy that is so evident in Supreme Court doctrine. Women should have coverage for their critical health care just as men do.”

The attorneys general also informed the relevant cabinet secretaries that “we will closely monitor any legal challenges to this rule that discriminates against women in our states and negatively impacts our state budgets. We stand ready to take action to protect the best interests of our states and constituents.”

In addition to Hawaii, Oregon, and Virginia, joining today’s letter opposing the Trump administration’s rollback of contraceptive coverage are the attorneys general of California, Connecticut, Delaware, District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, New York, North Carolina, Pennsylvania, Rhode Island, Vermont, and Washington.

A copy of the letter is attached.

Hawaii Governor Proclaims October ‘Cyber Security Awareness Month’

As part of Gov. David Y. Ige proclaiming October 2017 “Cyber Security Awareness Month,” the Hawaii Department of Defense Office of Homeland Security, in partnership with the Hawaii State Public Library System and local nonprofit Cyber Hui, will be offering cyber safety public awareness sessions led by cyber professionals throughout the month.

On Oct. 4, 2017, the following gathered in the governor’s office to support local Cyber Security Awareness Month efforts: (from left) Brig. Gen. Kenneth Hara, Deputy Adjutant General, Hawaii Department of Defense; Marya Zoller, Acting Director, Hawaii State Library; Dennis Gibson, Chairman, CyberHawaii; Todd Nacapuy, Chief Information Officer, Office of Enterprise Technology Services; Stacey Aldrich, State Librarian, Hawaii State Public Library System; Reynold Hioki, State Cybersecurity Coordinator, Hawaii Department of Defense; Rachelle Mansilungan, Acting President, Collegiate Cybersecurity Student Clubs; and Roland Yee, representative of Hawaii Cybersecurity Professional Associations. (Courtesy of the Office of the Governor, State of Hawaii)

“Cyber security and safety is a shared responsibility in which each of us has a critical role,” Gov. Ige said. “Awareness of computer and online best practices will improve the overall security of Hawaii’s information, infrastructure and economy.”

The community-focused sessions will be held at local public libraries, shopping centers, and other locations statewide. Presentations will provide basic cyber best practices, also known as cyber hygiene. The range of topics will include malware protection, passwords, wifi usage, online shopping and banking, scams, safe email habits, phishing, data backup, and social media. Most sessions are scheduled to run approximately one hour and include an informal question and answer portion.

The schedule of sessions is available at the state Office of Homeland Security’s newly launched Cyber Awareness website (ohs.hawaii.gov/cyber), which will also offer additional information to assist in awareness and understanding of cyber issues faced by the local community. The website will provide cyber safety tips, information resources, information on other events and announcements, awareness training/education, community engagements and other cyber-related areas.

“It’s very exciting to see our community actively engaging the many cyber safety challenges we are confronted with today,” said Maj. Gen. Logan. “From this summer’s student CyberStart program to our planned Cyber Security Awareness Month safety sessions, Hawaii is becoming a safer place to be connected.”

State Librarian Stacey Aldrich added: “Educating our community about cyber security issues and how to protect themselves in our technology-driven world is vital. The Hawaii Public Library System is happy to be a part of this important learning opportunity.”

State Commits to Strengthening Cyber Defense, Workforce

Gov. Ige proclaimed Cyber Security Awareness Month in Hawaii on Oct. 4 in recognition of the state’s role in identifying, protecting its citizens from, and responding to cyber threats that may have significant impact to individual and collective security and privacy.

In July 2017, Hawaii joined a multi-state cybersecurity compact signed by thirty-eight governors to enhance state cybersecurity and develop the cyber workforce; the “Compact to Improve State Cybersecurity” is part of the National Governors Association’s “Meet the Threat: States Confront the Cyber Challenge” initiative and makes recommendations to better secure states’ cyber infrastructure by building cybersecurity governance, preparing and defending the state from cybersecurity events, and growing the nation’s cybersecurity workforce.

“The State of Hawaii has already taken proactive steps toward the compact’s goals, including establishing a state chief information security officer, reclassifying IT security positions to align with modern industry best practices, offering cyber internship opportunities, and implementing a state workforce awareness program,” said state Chief Information Officer Todd Nacapuy, who leads the Office of Enterprise Technology Services, the agency responsible for securing state government information resources and infrastructure.

Cyber Security Awareness Month in Hawaii coincides with the national observance, recognized by the U.S. Department of Homeland Security (www.dhs.gov/cyber), the Multi-State Information Sharing and Analysis Center (www.cisecurity.org/ms-isac), and industry partners which collectively encourage all citizens to learn about cybersecurity to put that knowledge into practice in their homes, schools, workplaces, and businesses. The Stop.Think.Connect.™ campaign serves as the national cybersecurity public awareness campaign, implemented through a coalition of private companies, nonprofit and government organizations, as well as academic institutions working together to increase the understanding of cyber threats and empowering the American public to be safer and more secure online.

Hawaii to Challenge Travel Ban 3.0

Today Hawaii filed supplemental briefing with the United States Supreme Court regarding the Hawaii v. Trump litigation. Shortly after filing that supplemental briefing, Hawaii notified the U.S. Supreme Court that it intends to seek leave from the Hawaii federal district court to file an amended complaint challenging the lawfulness of the third travel ban.

Click to read full letter

Attorney General Doug Chin said, “Hawaii fought the first and second travel bans because they were illegal and unconstitutional efforts to implement the President’s Muslim ban. Unfortunately, the third travel ban is more of the same. This new ban still discriminates on the basis of nationality, it still exceeds the President’s legal authority, and it still seeks to implement his Muslim ban. Simply adding an obvious target like North Korea to the list and banning travel by some government officials from Venezuela does nothing to disguise this. And – unlike the first two versions – Travel Ban 3.0 has no end date.”

Hawaii’s supplemental brief filed with the Supreme Court and its letter to the Supreme Court clerk are both attached.

Big Island Police Investigating Puna Shooting Incident

Hawaiʻi Island police are conducting an investigation into a reported shooting incident in Puna yesterday, (October 5), which resulted in a 63-year-old sustaining gunshot wounds to his chest and head.

At 3:05 p.m., Wednesday evening, (October 5), police responded to the Hawaiian Acres subdivision for a report of a man down in his driveway with wounds to his head and chest. The victim was transported to the Hilo Medical Center by Hawaiʻi Fire Department personnel and later flown to Queen’s Medical Center by air ambulance in serious condition.

Anyone who may have information about this incident is asked to call the Police Department’s non-emergency line at (80 8) 935-3311 or Detective Dean Uyetake of the Area I Criminal Investigation Section at (808) 961-2379 or dean.uyetake@hawaiicounty.gov.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at (808) 961-8300 and may be eligible for a reward of up to $1,000.00. Crime Stoppers is a volunteer program run by ordinary citizens who want to keep their community safe. Crime Stoppers does not record calls or subscribe to any Caller ID service. All Crime Stoppers information is kept confidential.

Big Island Police Searching for 17-Year-Old Kailua-Kona Boy

Hawaiʻi Island police are searching for a 17-year-old Kailua-Kona boy who was reported missing.

Naython Perry was last seen in Captain Cook on (August 7).

He is described as Caucasian, 6-feet, 145 pounds with short brown hair, fair complexion, and brown eyes. Last seen wearing dark colored sweatpants.

Police ask anyone with information on his whereabouts to call the Police Department’s non-emergency line at (808) 935-3311.

Tipsters who prefer to remain anonymous may call the islandwide Crime Stoppers number at (808) 961-8300. All Crime Stoppers information is kept confidential.

Hawaii Joins in Settling With Mylan Inc – Will Receive Over $700,000

Attorney General Doug Chin announced today that Hawaii has joined the United States, the District of Columbia, and all 49 other states in settling allegations against Mylan Inc. and its wholly-owned subsidiary, Mylan Specialty L.P. (collectively “Mylan”). The settlement resolves allegations that Mylan knowingly underpaid rebates owed to the Medicaid program for the drugs EpiPen and EpiPen Jr. (“EpiPen”) dispensed to Medicaid beneficiaries. Mylan owns the exclusive rights to sell EpiPen in the United States and possesses legal title to the New Drug Codes (“NDCs”) for EpiPen.

Pursuant to a settlement Mylan entered with the United States in August, Mylan was to pay up to $465 million to the United States and the states, depending on the number of states that joined the settlement. As of Friday, September 29th, all fifty states and the District of Columbia had joined the settlement; as a result, the states will share $213,936,000 of the total settlement of $465 million. Hawaii’s share of the settlement is $742,679.02, which will be split between the Med-Quest program at the Department of Human Services as restitution and the Medicaid Fraud Control Unit at the Department of the Attorney General for its continued enforcement efforts.

The Medicaid Drug Rebate Statute was enacted by Congress in 1990 to keep costs down for Medicaid’s payment for outpatient drugs. The law requires participating drug makers and NDC holders such as Mylan to sign a rebate agreement with the Secretary of the U.S. Department of Health and Human Services. That agreement is a precondition to drug makers getting Medicaid coverage for their drugs, and to pay quarterly rebates to state Medicaid programs for drugs dispensed to Medicaid beneficiaries. NDC holders must provide information to the Centers for Medicare and Medicaid Services (“CMS”) concerning their covered drugs. In particular, they must advise CMS regarding the classification of a covered drug as an “innovator” or “noninnovator” drug. This is because the amount of rebates owed varies depending on the drug’s classification. The amount of the rebate also depends on pricing information provided by the manufacturer. For drugs classified as “innovator” drugs, NDC holders must report their “Best Price,” or the lowest price for which it sold a covered drug in a particular quarter.

Specifically, this settlement resolves allegations that from July 29, 2010 to March 31, 2017, Mylan submitted false statements to CMS that incorrectly classified EpiPen as a “noninnovator multiple source” drug, as opposed to a “single source” or “innovator multiple source” drug. Mylan also did not report a Best Price to CMS for EpiPen, which it was required to do for all “single source” and “innovator multiple source” drugs. This meant Mylan submitted false statements to CMS and the States relating to EpiPen for Medicaid rebate purposes, and underpaid its EpiPen rebates to the State Medicaid Programs.

Lawmakers Seek Answers After Loud Party Allowed to Continue Following Repeated Calls to Police

Following a loud, late-night party with about 1,000 people in an open Kakaako parking lot September 23, State and City representatives want the Mayor to delve into why the Honolulu Police Department did nothing to shut the event down.

Rep. Scott K. Saiki, Sen. Brickwood Galuteria, and City Councilmembers Ann Kobayshi and Carol Fukunaga sent a letter to Mayor Kirk Caldwell asking him to investigate the reason or reasons that police responded to many 911 calls that night about the noise but took no action to close down the unpermitted event.

“The party was held in a parking lot in a residential area and went on late into the night,” said House Speaker Scott K. Saiki. “This is clearly not the place for this type of event and should not be allowed to happen again.”

The lawmakers and residents believe the property owner and partygoers should have been cited for disorderly conduct due to the “unreasonable noise.”

“These residents suffered through a loud party right next to their homes,” said Councilmember Ann Kobayshi. “This should have been stopped immediately.”

In the letter, the lawmakers also ask the Mayor to contact the property owner and request that he voluntarily agree not to hold similar events in the parking lot located at 975 Kapiolani Blvd.

The lawmakers are requesting an immediate inquiry to HPD and information on its response.

Party letter full

October is Domestic Violence Awareness Month – 29th Hilo Family and Peace Walk and Vigil

Marking the beginning of Domestic Violence Awareness Month, the Department of the Attorney General and Hawaii State Coalition Against Domestic Violence (HSCADV) encourage community members to come together to keep our communities safe. While law enforcement and victim advocacy services are available, we need the community to help end domestic violence.

Attorney General Doug Chin

Attorney General Doug Chin said, “Domestic violence is a persistent and unacceptable condition in our communities. Please use this month to educate yourself to help stop others from being hurt.”

HSCADV Executive Director Stacey Moniz said, “This October marks the 30th year we have been honoring Domestic Violence Awareness Month. We encourage our communities across the state to engage with your local domestic violence programs. Please get involved, donate or volunteer, follow them on social media and help raise awareness of the valuable resources available on every island. Let’s all stand together and say, Hawaii Says No More to domestic violence.”

For information on what is domestic violence, go to the U.S. Department of Justice webpage https://www.justice.gov/ovw/domestic-violence. There are many ways to get involved. It could be as simple as wearing the color purple to bring domestic violence awareness on October 19th, National Purple Thursday. You can also participate in a number of free events around the state, including:

  • A Domestic Violence Awareness Fair being held at the Maui Queen Kaahumanu Center on October 14th;
  • The 29th Hilo Family and Peace Walk and Vigil on October 27th; and
  • ‘Slippa’ Donation to benefit Child and Family Service emergency shelters and domestic violence programs on October 14th at the Pearl City Walmart.

For a complete listing of events, go to HSCADV’s website at https://www.hscadv.org/

In 2015, there were 10,830 Protective Orders filed in Family Court in addition to 1,280 arrests for Violation of a Temporary Restraining Order and 2,774 arrests for Violation of a Protection Order. For a listing of domestic violence victim advocacy services go to https://www.hscadv.org/resources, and other important contacts https://www.hscadv.org/other-important-contacts

 

Governor Ige Marks Family Assessment Center’s First Anniversary, Outlines Progress on Homelessness

Gov. David Ige today highlighted the state’s overall progress in addressing homelessness while recognizing the first anniversary of the state’s Family Assessment Center (FAC).

The FAC temporarily houses homeless families while they are being connected to services and long-term housing with the assistance of specialists from Catholic Charities Hawai‘i. More than 90 percent of families who have stayed at the FAC and have left the facility over the past year, have been housed, or 35 families out of 38 families serviced. In addition, the average time from intake to placement is 82 days ­– eight days fewer than the 90-day goal the state previously set.

Gov. Ige also said the FAC reflects the state’s overall gains on homelessness, pointing to a nine percent overall decrease in homelessness between 2016-17 – the first decrease in eight years – and a 19 percent reduction in family homelessness.

“The Family Assessment Center is a game-changer that is making a difference in the lives of unsheltered families and helping to provide the stability they need to improve their lives,” Gov. Ige said.

The success of the FAC illustrates the ʻOhana Nui approach, which includes a focus on the whole family; a priority on children, particularly those between infancy and age 5; and collaboration to maximize efficiency and effectiveness.

“The Department of Human Services is proud to work hand-in-hand with the Governor’s Coordinator and Catholic Charities on long-term solutions to end homelessness,” said DHS Director Pankaj Bhanot. “The Family Assessment Center is a testament to the power of generative partnerships and a focus on connecting families to an array of services suited to their needs. We see that when we can work together to meet families where they are, families can thrive and not just survive.”

The FAC, which is operated by Catholic Charities Hawai‘i, is modeled after housing navigation centers in San Francisco.  Its small population – no more than 50 people, or 12-15 households at a time – enables more individualized care. Guests are not required to have identification, which is a key obstacle for many people experiencing homelessness.  Families are quickly transitioned to permanent housing or other appropriate services in 90 days or less. The facility opened on September 26, 2016.

Two Men Charged With 35 Counts of Medical Assistance Fraud

Robert Wolf and Ching-Ying Jao have been charged with 35 counts of medical assistance fraud by the Medicaid Fraud Control Unit of the Department of the Attorney General. The charges are based on incidents occurring in 2014 and 2015.

Click to view all charges

According to the allegations in the complaint, at the time of the offenses Wolf and Jao billed patients for psychotherapy services that were not performed.

Both Wolf, 71, and Jao, 37, are residents of Honolulu. Neither have prior convictions. Medical assistance fraud is a class C felony, punishable by up to 5 years in prison.

Wolf and Jao are presumed innocent unless and until they are found guilty of the charges beyond a reasonable doubt.

A copy of the complaint is attached. The two men were arraigned today.

County, State, Faith-Based Groups and Community Join Hands to Help Homeless

The County of Hawai’i is joining hands with the State of Hawai’i, the faith-based community, non-profits, businesses and other concerned citizens to address the island’s homelessness crisis, Mayor Harry Kim said.  The County is working collaboratively on a comprehensive program with the ultimate goal of transitioning homeless people of our island from temporary shelters to affordable housing and jobs.

“These are our people,” Mayor Kim said in a statement. “We cannot in good conscience let homelessness for families and individuals spiral upward; we must do something definitive to address it. I truly feel a growing support from the community.”

His remarks followed the 2nd Annual West Hawai’i Faith-Based Summit to End Family Homelessness in Kona on September 27.  The event was a day-long gathering involving more than 20 West Hawai’i church congregations, numerous social service agencies, healthcare professionals, businesses, as well as State and County officials.

“The faith-based community is really pitching in, offering to adopt homeless families and providing all kinds of material and spiritual support; we cannot thank these good people enough,” he said. “Their spirit is spreading far and wide in the community.”

Mayor Kim expressed deep gratitude for the commitment of assistance from the State of Hawai’i’s Homeless Coordinator, Scott Morishige, who attended the summit and stressed the need to maximize space and accelerate placement into shelters or transitional housing.

Governor David Ige conveyed a special message of support for the event, stressing the need for collaboration to tackle the complicated issue of homelessness.

“We appreciate so much the support that the State is giving us; they know this is crucial and that we need everybody’s help,” Mayor Kim said.

According to Lance Niimi, the County’s Homeless Coordinator there are approximately 913 homeless people islandwide, with about 379 individuals in families living without a home.  Niimi helped spearhead Camp Kikaha, a temporary Safe Zone encampment in Kona which houses about 30 people since its opening in May.

Hawaii Chief Justice Seeks Public Comment on Judicial Nominees

Chief Justice Mark E. Recktenwald announced today that he is seeking public comment on judicial nominees for a vacancy in the District Family Court of the First Circuit (Island of Oahu) as a result of the appointment of Judge Catherine H. Remigio to the Circuit Court of the First Circuit.

The names submitted for this vacancy by the Judicial Selection Commission, in alphabetical order, are:

Jessi L.K. Hall

Ms. Hall is currently employed with Kleintop & Luria, LLP.  Hall is a graduate of Oklahoma City University School of Law and was admitted to the Hawaii State Bar in 1999.

Timothy E. Ho

Mr. Ho is currently employed as Chief Deputy Public Defender with the State of Hawaiʻi Office of the Public Defender. Ho is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaii State Bar in 1987.

Ronald G. Johnson

Mr. Johnson is currently employed as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the District of Hawaii. Johnson is a graduate of the University of Hawaii William S. Richardson School of Law and was admitted to the Hawaii State Bar in 1987.

Summer M. M. Kupau-Odo

Ms. Kupau-Odo is currently employed as an Associate Attorney with Earthjustice.  Kupau-Odo is a graduate of the University of Hawaii William S. Richardson School of Law and was admitted to the Hawaii State Bar in 2004.

Kevin T. Morikone

Mr. Morikone is currently employed at Hosoda & Morikone, LLC, and serves as Per Diem Judge of the District Family Court of the First Circuit. Morikone is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 2007.

Alvin K. Nishimura

Mr. Nishimura is currently employed at Alvin Nishimura, Attorney at Law, and serves as a Per Diem Judge of the District Court of the First Circuit. Nishimura is a graduate of the University of Hawaiʻi William S. Richardson School of Law and was admitted to the Hawaiʻi State Bar in 1985.

Because the Chief Justice has the discretion to assign judges to the district or district family court calendar, comments about the qualifications and character of any of the nominees with regard to either calendar assignment may be sent, in writing, to:

Chief Justice Mark E. Recktenwald, Supreme Court of Hawaiʻi, 417 S. King Street, Honolulu, HI 96813, Fax: 808-539-4703 Email: chiefjustice@courts.hawaii.gov

Comments must be post-marked, emailed, faxed, or hand delivered no later than Friday, October 13, 2017. All comments will be kept confidential.

The individual selected by the Chief Justice is subject to Senate confirmation.