§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.