Thursday, November 19, 2020

) Yankton County prevails in dispute with Avera Hospital relating to medical care costs for patients at HSC.

 

The SD Supreme Court handed down one decision this morning, holding inter alia:  

 

1)    Yankton County prevails in dispute with Avera Hospital relating to medical care costs for patients at HSC. 

 

Summary follows:

 

SACRED HEART HEALTH SERVICES v. YANKTON COUNTY, 2020 S.D. 64:  This history and result on appeal in this dispute is summarized in ¶1 of the opinion:

 

[¶1.] Sacred Heart Health Services, Inc., d/b/a Avera Sacred Heart Hospital (Hospital), filed a declaratory judgment action against Yankton County (County) seeking a declaration of the County’s liability and reimbursement for charges for the medical care and treatment of patients subject to an emergency hold, under SDCL chapter 27A-10. The parties filed cross-motions for summary judgment. The circuit court entered a memorandum decision in favor of the Hospital. The County objected and filed a motion to reconsider. After a second hearing on the motions for summary judgment, the circuit court issued a second memorandum decision in favor of the County and entered a corresponding order and judgment. The Hospital appeals. We affirm.

 

The hospital’s choice of declaratory judgment and theory of quantum meruit failed.  The concluding paragraph of the opinion provides the legal basis for this result:

 

The circuit court did not err in holding SDCL chapter 28-13 is the proper mechanism for the Hospital to obtain reimbursement from the County for medical costs associated with the twenty-three patients in the involuntary commitment process.

 

This decision is unanimous, 5-0, with opinion authored by Chief Justice Gilbertson.  Circuit Judge Myren sat on this case, in lieu of Justice Salter.

 

This decision may be accessed at

 

http://ujs.sd.gov/Supreme_Court/opinions.aspx .