East Hawaii Urgent Care Clinics Now Adhering to Regulations
In a recent development, Dr. Edward Gutteling, the owner of the Hilo and Keaau Urgent Care Centers, and his attorney, Jeff Portnoy, have announced that their clinics are now in full compliance with both state and federal regulations following a partial settlement with the Department of Health (DOH). The settlement, however, does not resolve the penalty portion, which is set for arbitration or resolution at a later date.
The clinics, which have been providing services to underserved communities since their inception, were issued a cease-and-desist order and fined a total of $2.19 million by the DOH last month. Dr. Gutteling and Mr. Portnoy have expressed regret over the situation but remain optimistic about an ultimate resolution. They are currently appealing the fines.
The clinics' laboratories are now compliant with Clinical Laboratory Improvement Amendments (CLIA) and state permitting requirements. The federal and state permits allow the clinics' labs to conduct CLIA-waived testing, which includes tests from samples taken by blood sticks, urinalysis, or nasal and vaginal swabs. These tests, considered simple enough to be performed in facilities that are not fully equipped or certified laboratories, are designed to be straightforward and require minimal technical expertise.
The types of CLIA-waived tests conducted at these clinics include tests for blood glucose, urine pregnancy, COVID, flu, RSV, and certain sexually transmitted diseases. More sophisticated tests that require a full blood-draw are not conducted at the clinics and are handled by facilities like Clinical Labs of Hawaii or Diagnostic Laboratory Services.
Since the partial settlement was reached, no new fines have been mentioned against the clinics' ownership. The hearing dates for the fines have been set for Nov. 5 and 6, 2025. The clinics' laboratories are now legally able to conduct the same type of lab testing they've done for 22 years.
Dr. Gutteling and Mr. Portnoy have stated that they are pleased with the swift resolution of the cease-and-desist and the license issue. They reiterated their commitment to providing quality healthcare services to the communities they serve. The clinics continue to operate and serve their patients, ensuring the continuity of their essential healthcare services.
- Dr. Gutteling and Mr. Portnoy have expressed commitment to providing quality health and wellness services, including medical-conditions testing, to the communities they serve, following the full compliance of their clinics with Clia and state regulations.
- In light of the settlement, the clinics are now legally permitted to conduct CLIA-waived tests, such as blood glucose, urine pregnancy, COVID, flu, RSV, and certain sexually transmitted diseases, using their laboratories that have been in operation for 22 years.
- The financing of the penalty portion, a $2.19 million fine issued by the DOH last month, will be resolved through arbitration or a later date, with no new fines mentioned against the clinics' ownership since the partial settlement was reached.
