The
SD Supreme Court handed down one decision this morning, holding, inter alia:
- Reimbursement denied to SD Hospital for medical
serviced rendered to Mexican National patient
Summary
follows:
AVERA
ST. MARY’S HOSPITAL v. SULLY COUNTY, 2024 S.D. 25: While working in Sully County, Mexican
national “suffered appendicitis and required emergency medical services,” and was transported to
Avera Hospital in Hughes County for medical care. After incurring medical bills exceeding
$75,000, patient was discharged and returned to Mexico without paying. Avera sought relief from Sully County,
arguing it was so obliged to pay under “South Dakota’s poor-relief
statutes.” In particular, the County
would be required to reimburse Avera under SDCL 28-13-37 which requires payment
by County for "any person not an inhabitant of their county is lying sick
therein or in distress, without friends or money.” The County denied reimbursement. Both the trial court and the SD Supreme Court
affirmed denial of reimbursement, with the SD Supreme Court stating:
Sully County had no chance
to investigate whether [the Mexican national patient] was “lying sick” in its
county or “in distress,” [prior to transportation to Avera Hospital in Hughes
County].
The
Court’s decision was unanimous (5-0), with opinion authored by Justice
Myren. NOTE: in addition to ruling against Avera Hospital,
the SD Supreme Court also rejected arguments presented in the Amicus Curiae
Brief of the South Dakota Association of Healthcare Organizations, filed
in support of Appellant Avera Hospital.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
