§326-3  Care in other hospitals, homes, etc. Notwithstanding any law relating to this subject matter, the department ofhealth may make arrangements for the care and treatment of any person withinthe State at any hospital, nursing home, or other residential facility in theState, either public or private, and bear all expenses of the hospitalizationand treatment and any other necessary expenses in the same manner as though theperson were staying at any facility for the care and treatment of persons withHansen's disease established under section 326-1.  Any moneys at any timeappropriated for the care of patients or maintenance of a facility establishedunder section 326-1 may be used by the department to pay any hospital, nursinghome, or other residential facility with which the department has made thosearrangements.  When those arrangements have been made the other provisions ofthis chapter relating to the examination, care, treatment, and discharge ofpatients shall apply to the institution and patient involved in the same manneras 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 L1992, c 156, §4]

 

Case Notes

 

  Sections 326-1 and 326-3, taken together, appear to authorizepatient transfers at will.  While Hale Mohalu residents would have only"unilateral expectation" to services at that facility, entitlement totreatment at some facility requires due process protection.  State may notreduce services to leprosy patients to point of imperiling life or imposingsevere hardship without pretermination hearing.  Transfer of Hale Mohalupatients may work such reduction due to phenomenon of "transfertrauma."  616 F.2d 410.

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