§326-3  Care in other hospitals, homes, etc. 
Notwithstanding any law relating to this subject matter, the department of
health may make arrangements for the care and treatment of any person within
the State at any hospital, nursing home, or other residential facility in the
State, either public or private, and bear all expenses of the hospitalization
and treatment and any other necessary expenses in the same manner as though the
person were staying at any facility for the care and treatment of persons with
Hansen's disease established under section 326-1.  Any moneys at any time
appropriated for the care of patients or maintenance of a facility established
under section 326-1 may be used by the department to pay any hospital, nursing
home, or other residential facility with which the department has made those
arrangements.  When those arrangements have been made the other provisions of
this chapter relating to the examination, care, treatment, and discharge of
patients shall apply to the institution and patient involved in the same manner
as they apply to a facility established under section 326-1. [L 1949, c 392,
§1; am L 1951, c 157, §2; RL 1955, §50-3; am L Sp 1959 2d, c 1, §19; HRS
§326-3; am L 1969, c 152, §1; am L 1981, c 185, §5; am L 1985, c 250, §3; am L
1992, c 156, §4]



 



Case Notes



 



  Sections 326-1 and 326-3, taken together, appear to authorize
patient transfers at will.  While Hale Mohalu residents would have only
"unilateral expectation" to services at that facility, entitlement to
treatment at some facility requires due process protection.  State may not
reduce services to leprosy patients to point of imperiling life or imposing
severe hardship without pretermination hearing.  Transfer of Hale Mohalu
patients may work such reduction due to phenomenon of "transfer
trauma."  616 F.2d 410.



  State decision to close Hale Mohalu and transfer patients. 
720 F.2d 564.