State v. Mauai-Silifaiva

── State v. Mauai-Silifaiva ── Court: Hawaii Intermediate Court of Appeals Date: April 22, 2026 Category: General FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-APR-2026 09:07 AM Dkt. 46 OP NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI ---o0o--- STATE OF HAWAIʻI, Plaintiff-Appellee, v. FAAFETAI MAUAI-SILIFAIVA, Defendant-Appellant. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 1CPC-XX-XXXXXXX) APRIL 22, 2026 LEONARD, PRESIDING JUDGE, WADSWORTH AND MCCULLEN, JJ. OPINION OF THE COURT BY MCCULLEN, J. Defendant-Appellant Faafetai Mauai-Silifaiva appeals from the Circuit Court of the First Circuit's February 28, 2024 order granting Plaintiff-Appellee State of Hawaiʻi Department  FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER of Human Services' (DHS) request for restitution (Restitution Order) pursuant to Hawai‘i Revised Statutes (HRS) § 706-646 (2014 and Supp. 2016). 1 DHS requested reimbursement for medical expenses paid by AlohaCare to Queen's Medical Center. However, DHS cannot be reimbursed under HRS § 706-646 for medical expenses it did not pay. We vacate and remand. I. BACKGROUND In June 2023, Mauai-Silifaiva pled guilty to Assault in the Second Degree, in violation of HRS § 707-711(1) (2014 & Supp. 2016), among other charges, for an April 2021 incident involving complaining witness Ronnie Dabalos. Dabalos, a Medicaid recipient through DHS's Med-QUEST program, received medical treatment for the assault at Queen's. That medical treatment was paid for by AlohaCare, a health plan that DHS contracts with to administer Medicaid coverage. In September 2023, the circuit court entered its Judgment of Conviction, DHS orally moved for restitution, and the circuit court scheduled a restitution hearing for December 1 The Honorable Catherine H. Remigio presided. Mauai-Silifaiva's premature notice of appeal from the circuit court's December 19, 2023 oral restitution order is considered filed immediately after the entry of the written February 28, 2024 Restitution Order by operation of Hawaiʻi Rules of Appellate Procedure Rule 4(a)(2). 2  FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER 2023. DHS filed a memorandum in support of its motion in which it requested restitution totaling $66,902.52 — the amount AlohaCare paid for Dabalos's medical expenses. The circuit court held a contested restitution hearing on December 19, 2023. DHS called Gary Ojiri, a Healthcare Financing Program Specialist, as a witness. On direct, Ojiri testified that Med-QUEST pays "capitation to the health plans" it contracts with "to provide medical services" to Medicaid recipients. 2 Ojiri further testified that DHS made medical assistance payments in the amount of $66,902.52 for Dabalos's medical expenses. On cross, however, Ojiri testified "AlohaCare actually paid Queen's"; AlohaCare and DHS are two separate entities; and DHS made capitation payments to AlohaCare but had not reimbursed AlohaCare for any of the payments AlohaCare made for Dabalos's medical expenses: [Defense Counsel:] Okay. So – so has AlohaCare actually paid Queen's? [Ojiri:] Yes. [Defense Counsel:] And AlohaCare is -- AlohaCare