Posted on: Friday, March 8, 2002

'Consumer rights' issue called concern at Fresh Start

By Jim Dooley
Advertiser Staff Writer

Fresh Start, a structured living facility in Waipahu, has a long list of unaddressed contract violations. Jeff Widener • The Honolulu Advertiser

The state agency that oversees mental health treatment for adults canceled a contract in October with a Waipahu nonprofit organization because of health and safety issues, questions about the facility's cleanliness and "violations of consumer rights," according to Martie Drinan, a clinical nurse specialist with the division.

The consumer rights issue involved "property being taken away from (mental health) residents as a form of punishment," said Drinan of the Adult Mental Health Division, part of the Department of Health. "That's something we can't condone."

Drinan said the state contract, worth between $60,000 and $108,000 per year, was awarded in July 1999 to Fresh Start Inc., renewed in July of last year and then terminated because of a long list of contract violations which the program failed to address.

The contract covered the care and housing of five mental health patients, some of whom required 24-hour supervision for their illness.

Fresh Start and its president, Ron Barker were "repeatedly advised to correct the problems" but did not, she said, adding that the contract was canceled because of the "severity and duration of the violations."

Barker could not be reached for comment yesterday. Repeated efforts to contact Barker over the last three days have been unsuccessful.

A state official with another branch of the Health Department, the Office of Health Care Supervision, said yesterday her office is investigating how and why a Fresh Start resident, William "Drew" Flanders II, 55, died of an apparent drug overdose on Dec. 23 in his room at the facility.

Diane Okumura, a section supervisor, said her office is trying to determine whether Fresh Start, which is neither licensed as a drug treatment center nor as a healthcare provider, should be licensed in either area or both areas.

Following complaints about Flanders' death, Okumura said she spoke to Barker, who told her that Fresh Start residents who were taking prescription medication were required to give their

medicine to the facility's staffers, who would keep it locked up and watch to make sure it was taken properly.

"We would have problems just about that because (Fresh Start) is obviously more than an apartment complex," Okumura said.

Okumura said Barker told her that his staffers did not actually dispense the medication because Fresh Start is not licensed as a drug treatment facility, and because the staff are not certified to handle controlled substances. Some of the staffers are program residents themselves recovering from drug abuse, according to those familiar with the program.

Health Department personnel inspected the facility last month but their findings are not yet publicly available, Okumura said.

She said her office has an outstanding request for more information from Barker but recently has had problems getting in touch with him.

Fresh Start, a structured living facility that opened in 1997, is intended to provide affordable, long-term housing to "teach life and educational skills to recovering alcoholics, addicts and ex-offenders so that they can achieve permanent sobriety and transition successfully into becoming productive members of the community," according to the group's tax records.

The group says it relies on a mixture of contracts with government agencies and money from those who pay to live there.

In its latest tax return for the year 2000, Fresh Start listed $372,000 in program fees and $385,000 in government fees and contracts.

Three other state agencies are investigating possible civil and criminal violations by Fresh Start, The Advertiser reported yesterday.

The attorney general's office said it is investigating allegations that Barker extorted money from residents or relatives of residents.

The Hawai'i Paroling Authority said it has stopped referring parolees to Fresh Start until it completes an investigation centering on charges of "equitable and fair treatment" of parolees.

It is allowing the 25 who are there now to remain.

And the Adult Probation Division is also looking into the death of Flanders, a probationer from the Big Island with a long history of drug abuse.

Reach Jim Dooley at jdooley@honoluluadvertiser.com or 535-2447.