Matter of Commitment of Pepper

700 N.E.2d 253, 1998 WL 700047
CourtIndiana Court of Appeals
DecidedOctober 9, 1998
Docket49A04-9805-CV-242
StatusPublished
Cited by7 cases

This text of 700 N.E.2d 253 (Matter of Commitment of Pepper) 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
Matter of Commitment of Pepper, 700 N.E.2d 253, 1998 WL 700047 (Ind. Ct. App. 1998).

Opinion

700 N.E.2d 253 (1998)

In re the Matter of the COMMITMENT OF Elmore PEPPER,
COMMUNITY HOSPITALS OF INDIANA, INC., Appellant-Petitioner,
v.
John R. VON ARX as Marion County Auditor, Appellee-Respondent.

No. 49A04-9805-CV-242.

Court of Appeals of Indiana.

October 9, 1998.

*255 Phyllis J. Garrison, Community Hospitals of Indiana, Inc., Indianapolis, for Appellant-Petitioner.

Andrew P. Seiwert, Marion County Auditor's Office, Office of Corporation Counsel, Indianapolis, for Appellee-Respondent.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Community Hospitals of Indiana, Inc. (Community) appeals the denial of court ordered payment from the Marion County General Fund pursuant to Ind.Code § 12-26-10-4 for the temporary hospitalization of Elmore Pepper (Pepper), a mentally ill individual.

We reverse.

ISSUES

Two issues are raised for our review, which we restate as:

1. Whether Community should be reimbursed from the Marion County General Fund, pursuant to Ind.Code § 12-26-10-4, for the temporary care of Pepper, a mentally ill individual under involuntary commitment, pending admission to a permanent mental facility.
2. Whether the trial court abused its discretion by failing to award Community reimbursement from the Marion County General Fund for its care of Pepper pending admission to a mental facility, for which the Division of Family and Children refused to pay.

FACTS AND PROCEDURAL HISTORY

Elmore Pepper is a sixty-seven year old man who suffers from chronic paranoid schizophrenia. On October 5, 1993, Tri-County Mental Health Center, believing Pepper to be dangerous to himself and others, filed a petition for his involuntary commitment. At the time of the petition, Pepper was in a group home at Community Hospitals of Indianapolis. On October 19, 1993, the Marion County Municipal Court Three, Mental Health Division, entered an order committing Pepper to Community Hospital North, as an inpatient, until more suitable placement could be found. At the time of his commitment, Pepper was a Medicaid recipient.

Pepper remained an inpatient at Community Hospital North from September 14, 1993, until January 28, 1994, when he was discharged to Madison State Hospital. As Pepper was indigent, and unable to pay for his care at Community pending admission to Madison State Hospital, financial assistance was sought from Medicaid. Medicaid agreed to pay for sixty-five days of Pepper's care at Community (October 19, 1993 until November 18, 1993). However, Medicaid refused to pay for any additional days after November 18, 1993 on the grounds that Pepper was sufficiently stabilized, his stay was no longer medically necessary, and he could have been transferred, but discharge was delayed because of a lack of beds at Madison State Hospital. On March 15, 1994, Community appealed to the Indiana Family and Social Services Administration (IFSSA) for judicial review of the denial of Medicaid payment to Community. The appeal was denied by IFSSA on September 28, 1994. On January 31, 1995, that decision of the administrative law judge was affirmed by the IFSSA Director.

On November 1, 1996, Community joined the Marion County Auditor and filed a petition with the Marion County Superior Court, Mental Health Division, for court ordered payment pursuant to IND. CODE 12-26-10-4, seeking payment from the Marion County General Fund for the care of Elmore Pepper from November 19, 1993 until January 28, 1994. On March 17, 1997, argument was heard on Community's petition for court ordered payment and the Marion County Superior Court, Probate Division took the matter under advisement pending the outcome of a claim submitted to the Washington township trustee. On January 16, 1998, the trial court denied Community's petition for court ordered payment from the Marion County General Fund, finding that Community should have pursued a claim against the township *256 trustee. This is an appeal from that judgment.

DISCUSSION AND DECISION

Standard of Review

When reviewing a claim that the trial court improperly applied statutory guidelines, we must decide whether the trial court's findings and judgment constitutes an abuse of discretion. In this analysis, we consider only the evidence most favorable to the prevailing party, and we neither reweigh the evidence nor reassess witness credibility. Dwyer v. Wynkoop, 684 N.E.2d 245, 250 (Ind.Ct.App.1997). Reversal is warranted only upon a showing of a manifest abuse of discretion, that is, when the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court, together with any reasonable inferences arising therefrom. Id. An abuse of discretion also occurs when the trial court has misinterpreted the law or disregards evidence of factors listed in the controlling statute. Krasowski v. Krasowski, 691 N.E.2d 469, 472 (Ind.Ct.App.1998).

Care Pending Admission

Community Hospitals of Indiana, Inc. contends that it is entitled to reimbursement from the Marion County General Fund for the care of Elmore Pepper pending his admission to Madison State Hospital. Community argues that it sufficiently satisfied the statutory requirements to entitle it to payment from the Marion County General Fund. We agree.

However, the Marion County Auditor (Auditor) contends that Community did not satisfy the requirement of Ind.Code § 12-26-10-4 that it seek payment from all enumerated sources prior to seeking payment from the county general fund. Specifically, the Auditor argues that Ind.Code § 12-26-10-4 places an affirmative duty upon Community to seek payment from all entities listed in the statute prior to seeking financial assistance from the Marion County general fund. Furthermore, the Marion County Superior Court found that pursuant to the statute, Community should have pursued a claim against the township trustee instead of seeking payment from the general fund. We do not interpret the statute in this manner.

The parties have not cited, and our independent research does not reveal any cases dealing with the meaning of Ind. Code § 12-26-10-4. Thus, this case presents an issue of first impression. The facts relevant to the resolution of this appeal are not in dispute. Therefore, we must determine whether the Superior Court's interpretation of Ind.Code § 12-26-10-4 is correct. When construing a statute, we are guided by several rules of statutory construction. First, when a statute is clear and unambiguous on its face, the court need not, and indeed must not, interpret the statute. State v. Livengood by Livengood,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bailey v. State Farm Mutual Automobile Insurance Co.
881 N.E.2d 996 (Indiana Court of Appeals, 2008)
Stonger v. Sorrell
750 N.E.2d 391 (Indiana Court of Appeals, 2001)
Goff v. Wal-Mart Stores, Inc.
719 N.E.2d 1260 (Indiana Court of Appeals, 1999)
Town of Avon v. Harville
718 N.E.2d 1194 (Indiana Court of Appeals, 1999)
St. Margaret Mercy Health-Care Centers, Inc. v. Lake County
714 N.E.2d 272 (Indiana Court of Appeals, 1999)
St. Margaret v. Lake County
Indiana Supreme Court, 1999

Cite This Page — Counsel Stack

Bluebook (online)
700 N.E.2d 253, 1998 WL 700047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-commitment-of-pepper-indctapp-1998.