Decatur Township v. Marion County Home Board

578 N.E.2d 390, 1991 Ind. App. LEXIS 1577, 1991 WL 188360
CourtIndiana Court of Appeals
DecidedSeptember 26, 1991
DocketNo. 49A04-8909-CV-419
StatusPublished
Cited by1 cases

This text of 578 N.E.2d 390 (Decatur Township v. Marion County Home Board) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Decatur Township v. Marion County Home Board, 578 N.E.2d 390, 1991 Ind. App. LEXIS 1577, 1991 WL 188360 (Ind. Ct. App. 1991).

Opinion

RUCKER, Judge.

The Decatur Township of Marion County (the Township) appeals the grant of summary judgment in favor of the Marion County Home Board (the Board). On a complaint for declaratory judgment the trial court determined the Board is entitled to collect from the Township its scheduled charges for care of indigent township residents of the Marion County Healthcare Center. In dispute is whether the rate for resident care to be paid by the Township is any reasonable amount set by the Board, or whether there is a $100.00 per person per month limit on the amount that the Township must pay.

The Township presents two issues for our review which we rephrase as:

1. Whether the Board has standing to pursue an action for declaratory judgment.

2. Whether the trial court erred as a matter of law by entering summary judgment in favor of the Board.

We reverse and remand.

This dispute requires us to examine two statutes which address the same subject matter, namely the payment of charges for poor and indigent residents of county homes. Indiana Code § 12-2-1-4 sets forth certain duties and responsibilities for the various township trustees throughout the state, including provisions for financial assistance to township residents of county homes. Under this statute, the Board of County Commissioners advances to the township trustees the money necessary for the relief of the poor. The Board of Commissioners also sets a general rate of charges for care of residents of a county home. The township trustee must reimburse the county treasurer the amount charged to the township, provided however the amount charged to the township may not exceed $100.00 per month per person.

Indiana Code § 12-4-8-9, a provision of the County Home Act of 1955, also sets forth provisions for financial assistance to residents of county homes. Under this statute the County Home Board rather than the Board of County Commissioners has the exclusive authority to establish the charges for the care of county home residents. The County Home Act of 1955 is specifically directed toward those counties in which a consolidated city is located and, unlike 1.0. § 12-2-1-4, 1.C. § 12-4-8-9, does not contain a per month per person dollar limitation on the amount that may be charged to the township.2

[392]*392Prior to July, 1988, it was the practice and procedure of the Marion County Healthcare Center administrator to bill the various townships for care the home provided township residents. The amount of the bill was based upon the medicaid rate as determined by the Indiana Department of Public Welfare. This practice was formalized by a resolution of the Board in May of 1988, at which time the medicaid rate was $61.22 per patient per day for skilled nursing care and $47.86 per patient per day for intermediate care. In turn, the township trustees would pay the bill directly to the Marion County Healthcare Center for the care of residents from each of their respective townships. - Invariably, the monthly charges exceeded $100.00 per month per person.

In July, 1988, the Marion County Trust ees Association informed the administrator the trustees would no longer make payments to the center from their respective budgets in excess of "the statutory limit of one hundred dollars (100.00) per month per patient." The township trustees subsequently limited their payments accordingly which resulted in a budgetary shortfall to the Center.

The Board, which has statutory responsibility for administering the Marion County Healthcare Center, filed a complaint for declaratory judgment and motion for summary judgment against the Center, Decatur, Franklin, Lawrence, Pike, Warren, Washington, and Wayne Townships of Marion County. In response each of the townships filed a motion to dismiss the complaint, answer, counterclaim for declaratory judgment and a motion for summary judgment.

After a hearing on the motions to dismiss and counter motions for summary judgment, the trial court issued a lengthy and thoughtful order denying the townships' motions to dismiss and granting the Board's motion for summary judgment. It is from this order the Decatur Township appeals. The remaining townships are not parties to this appeal.

I.

The Township first contends the Board has no standing to pursue this action. The Township argues, while the Board has authority to set the amounts to be charged indigent residents of the Marion County Healthcare Center, it has no authority to collect or receive those amounts from the Township. - Therefore, according to the Township, since the Board is not the party to whom payments for township patients are to be made, it has not been directly injured by the the lack of payment and is not the proper party to bring this action. We disagree.

Two prerequisites exist for standing to prosecute a declaratory judgment action. The party seeking to prosecute the action must have a substantial present interest in the relief sought and must show that a question has arisen affecting his rights that ought to be decided to safeguard such rights. Health and Hospital Corp. v. Marion County (1984), Ind.App., 470 N.E.2d 1348, 1353, trans. denied.

In a declaratory judgment action, the court determines what the specific rights, duties, and obligations of the respective parties are at the time of trial. Keystone Square Shopping Center v. Marsh Supermarkets (1984), Ind. App., 459 N.E.2d 420, 425, trans. denied. In an analysis based on these standards, we find that the Board has standing to bring the action in question.

We first note this action was not brought to "collect" unpaid charges. Rather, the relief sought by the Board is merely a declaration that LC. § 12-4-8-9 controls not only the charges fixed by the Board, but the charges to be paid by the Township as well. Even if the Board has no authority to "collect" from the Township the funds to which it is entitled, that fact standing alone would not preclude the Board from seeking declaratory judgment in this instance. A question affecting the Board's rights is nonetheless evident. [393]*393Health, supra. We cannot ignore the Board's obvious economic interest in the amount of resident fees that can be charged to the Township.

Secondly, the Board sought clarification of the Township's responsibility to pay charges for township residents of the county home. The Board asserts it has experienced a budgetary shortfall as a consequence of the concerted action of the Townships in paying no more than "the statutory limit of one hundred dollars ($100.00) per person per month." If the Board prevails on the merits of its suit, it would then receive considerable economic benefit from a decision which would not limit monthly charges to $100.00 per person. Clearly, the Board has a substantial present interest in the relief sought.

We conclude the Board has standing to pursue this action.

II.

The facts in this case are not in dispute; both parties agree the merits here turn on a question of statutory interpretation. The Board acknowledges 1.C. § 12-2-1-4 only requires the Township to pay $100.00 per month per person but argues 1.0. § 12-4-83-9 supersedes LC. § 12-2-1-4. The Board contends that unlike the provisions of 1.C. § 12-2-1-4, the provisions of I.C.

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Related

E.P. v. Marion County Office of Family & Children
653 N.E.2d 1026 (Indiana Court of Appeals, 1995)

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Bluebook (online)
578 N.E.2d 390, 1991 Ind. App. LEXIS 1577, 1991 WL 188360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decatur-township-v-marion-county-home-board-indctapp-1991.