HRS 0326-0003 ANNOTATIONS

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.

 

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