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    August 2016
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Ninth Circuit Court of Appeals Dissolves UPW Injuction; Maui Hospitals Transition May Proceed

Attorney General Doug Chin announced that the 9th Circuit Court of Appeals today issued an order dissolving an injunction that had temporarily barred certain transition activities relating to Maui Memorial Medical Center, Kula Hospital and Lanai Communty Hospital. Based upon a settlement agreement reached on August 13, 2016 between Governor and the United Public Workers union and a joint request from both parties, the Court dismissed the underlying appeal brought by UPW as moot.

Attorney General Chin said, “During oral arguments before the 9th Circuit, the judges made clear to both UPW and the State that it preferred seeing the parties settle instead of the court making an all or nothing decision. Reaching compromise is not always easy. I thank Governor Ige and the union leadership for finding a forward path.”

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In 2015, the Hawaii state legislature passed a law ending the Hawaii Health System Corporation’s delivery of health care services at the three Maui region facilities and transferring service delivery to a private operator. UPW had sued to stop the transition from taking place. Today’s order means that all transition activities between the State and a new Kaiser entity, Maui Health System, may resume at the three Maui region facilities.

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