Nye County v. Washoe Medical Center, Inc.

877 P.2d 514, 110 Nev. 665, 1994 Nev. LEXIS 88
CourtNevada Supreme Court
DecidedJuly 7, 1994
DocketNo. 24362
StatusPublished

This text of 877 P.2d 514 (Nye County v. Washoe Medical Center, Inc.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nye County v. Washoe Medical Center, Inc., 877 P.2d 514, 110 Nev. 665, 1994 Nev. LEXIS 88 (Neb. 1994).

Opinion

OPINION

Per Curiam:

This is an appeal after remand of a case involving appellant Nye County’s statutory duty to pay for medical care that an [666]*666indigent resident of Nye County received at respondent Washoe Medical Center (“WMC”)- We originally remanded the matter for a determination as to whether the patient was in fact indigent. The evidence adduced below supplied an answer in the affirmative.

On appeal, Nye County contends that despite the finding of indigency, the patient nevertheless failed to comply with certain prerequisites for county aid, and that not all of the criteria for indigency were satisfied. We conclude that these contentions are not relevant to WMC’s statutory cause of action against Nye County and affirm the judgment entered by the district court.

FACTS

The instant appeal followed a remand ordered by this court in Nye County v. Washoe Medical Center, 108 Nev. 490, 835 P.2d 780 (1992) (hereafter Nye County I). That opinion recited the facts and the rulings, repeated here for continuity, constituting the basis for the ongoing dispute between the parties:

Nye County resident Dathan Delapeza was admitted to Nye County General Hospital with an illness. He was subsequently transferred to Washoe Medical Center (WMC) in Washoe County for additional treatment over a period of days prior to his discharge. WMC ultimately sought payment for Delapeza’s hospital care from Nye County, contending that indigency or financial status is irrelevant when a person becomes ill in one county and is thereafter transported to another county for treatment. The district court agreed and granted partial summary judgment in favor of WMC concerning the issue of liability. We conclude that the district court erred and reverse.
When Delapeza became ill in Nye County, he was first taken to Nye County General Hospital, and thereafter transported to WMC for further treatment. Delapeza was treated at WMC from October 7, 1987 to October 10, 1987, and from November 3, 1987 to November 5, 1987.
Having concluded that Delapeza was indigent, WMC sent letters dated October 8, 1987 and November 3, 1987 to the Nye County Clerk, advising Nye County that Delapeza was a patient at WMC, and requesting Nye County to accept responsibility for the charges incurred on Delapeza’s behalf. Nye County, contending that Delapeza was not eligible for county aid, rejected WMC’s request.
WMC filed a complaint against Nye County to recover the cost of Delapeza’s treatment. WMC sought and was granted summary relief on the issue of Nye County’s liability to [667]*667WMC for the cost of medical services rendered to Delapeza, though Delapeza’s financial status remained at issue. A trial followed on the remaining question of the reasonableness of WMC’s charges. Thereafter, judgment was entered against Nye County for $9,039.43 plus $3,000 in attorney’s fees, thus prompting this appeal.

Id. at 491, 835 P.2d at 780-81.

We concluded, in Nye County I, that the resident county is responsible under NRS 450.400 for medical care provided by the county hospital of another county to indigent patients from the resident county. Id. at 492, 835 P.2d at 781. However, we rejected the argument that, irrespective of a patient’s financial status, a resident county is automatically responsible for hospital costs anytime a patient from the resident county has failed to pay. Id. Thus, because Delapeza’s indigency was disputed, we concluded that summary judgment was inappropriate and remanded the matter to the district court for a determination of Delapeza’s financial status. Id. at 493, 835 P.2d at 782.

Upon remand, a hearing was held on the issue of Delapeza’s indigency. Nye County argues that “[ejvidence was presented [at this proceeding] that Delapeza was employed at the time of his illness and therefore was able to pay Washoe Med.” WMC contends, however, that it was also established that during September, October, and November of 1987, Delapeza had a total income of only $1,140.34, or an average of $380.11 per month. This amount qualifies Delapeza as an indigent under NRS 439B.310,1 a fact conceded by Nye County. Indeed, the district court’s decision indicates that Nye County conceded that “the only financial records obtainable concerning Delapeza indicate that by income standards alone, he is indigent.” As “the remand orderjed] a simple finding of indigency,” this concession would appear to end the matter. Nye County nevertheless argued below that because Delapeza failed to comply with certain of the county’s procedural requirements for aid eligibility, the county was not responsible for his medical bills. The district court reached no conclusion on this newly advanced proposition, other than the observation that the various statutes are “entwin[ed]” and create a law of indigent care which is “not as clear as it could be.”

[668]*668The district court noted that Delapeza did not cooperate with Nye County or Washoe Medical Center concerning the truthful completion of applicable forms, and that a search for his other possible assets proved fruitless.2 Ultimately, the court determined that the only available criteria for determining Delapeza’s status was his wages, and that based upon that criteria alone, Delapeza was indigent. The court also concluded that Delapeza was a resident of Nye County when he received medical treatment at WMC. Accordingly, judgment was entered in favor of WMC in the amount of $9,039.43 plus $3,000.00 in attorney’s fees. Again dissatisfied, Nye County appealed.

DISCUSSION

WMC’s argument is fairly straightforward. When a county hospital cares for an indigent resident of another county, NRS 450.400 gives the hospital a cause of action against the resident county for reimbursement/payment of certain charges, as follows:

1. When the privileges and use of the hospital are extended to a resident of another county who is reasonably believed to be indigent, as defined in NRS 439B.310 [see note 1 supra], and who is:
(a) Entitled under the laws of this state to relief, support, care, nursing, medicine or medical or surgical aid from the other county; or
(b) Injured, maimed or falls sick in the other county, ....
4.[T]he governing head has a legal claim against the county for all charges for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover those charges in a suit at law.

WMC contends that the referenced statute is dispositive based upon the district court’s findings, the concessions of the parties, and the decision of this court in Nye County I.

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Related

Nye County v. Washoe Medical Center
835 P.2d 780 (Nevada Supreme Court, 1992)
County of Lander v. BOARD OF TR. OF ELKO GEN. HOSP.
403 P.2d 659 (Nevada Supreme Court, 1965)
Washoe Medical Center, Inc. v. Churchill County
836 P.2d 624 (Nevada Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
877 P.2d 514, 110 Nev. 665, 1994 Nev. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nye-county-v-washoe-medical-center-inc-nev-1994.