HOUSTON – An unlicensed cottage industry operating in Houston may pose a threat to the health and safety of older Houstonians, Channel 2 Investigates discovered.
“If it were any other illegal business -- an illegal gambling operation -- it would have been shut down,” Mark Luedecke said.
Luedecke’s mother and grandmother reside in an unlicensed assisted living facility that was visited by state investigators in November.
The owner of Kuykendall Home Care in the Heights area of Houston has been in legal hot water before for operating without a license.
In 2008, a Judge ordered Virginia Kuykendall, 75, to permanently stop operating unlicensed facilities and fined her $10,000, but Kuykendall appears to have consistently ignored the order.
“I don’t remember that,” Kuykendall said by phone, regarding the order and fine.
Kuykendall maintains that she provides excellent care, and at least three separate families called KPRC Channel 2 to voice their support of Kuykendall, echoing that her facility is a good one.
Kuykendall admitted Thursday she does not currently have a license or fire permit. But Kuykendall did produce a certificate of occupancy and said she is working to adhere to state laws regarding licensing and inspection.
Luedecke, who does not have the legal authority to remove his family members from Kuykendall’s care, said he believes that neither Kuykendall’s unlicensed facility, nor any other in the state of Texas, should be allowed to continue operating once state investigators learn a facility is unlicensed.
“If they’re not going to enforce it, it’s worthless,” Luedecke said.
“We focus the effort where the threat is most serious,” David Talbot Jr., division chief of the Consumer Protection Division of the Office of the Texas Attorney General, said.
Operating an unlicensed assisted living facility, by itself, does not carry criminal punishment in Texas.
Instead, the Office of the Attorney General pursues such matters via civil courts.
“Sometimes, the department will work with institutions to see if they can come into compliance,” Talbot said.
Talbot would not talk about Kuykendall’s case, or any other specific case, but said, “I am sure before this is all over with, this matter will be addressed.”
The Texas attorney general urged consumers to check licensing records before placing a family member in a facility:
Click here to check licensing records.
Click here for the Licensing Standards for Assisted Living Facilities Handbook by HHS.
For help for older adults and people with disabilities, call 855-937-2372.
Other relevant resources: