Polk County Welfare Board v. State, Department of Public Welfare

234 N.W.2d 799, 305 Minn. 219, 1975 Minn. LEXIS 1317
CourtSupreme Court of Minnesota
DecidedAugust 22, 1975
DocketNo. 44686
StatusPublished
Cited by1 cases

This text of 234 N.W.2d 799 (Polk County Welfare Board v. State, Department of Public Welfare) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Polk County Welfare Board v. State, Department of Public Welfare, 234 N.W.2d 799, 305 Minn. 219, 1975 Minn. LEXIS 1317 (Mich. 1975).

Opinion

Otis, Justice.

These proceedings were initiated on behalf of respondent Sylvester Lindsay to require the Polk County Welfare Board to resume medical assistance payments pursuant to Minn. St. c. 256B for Mr. Lindsay’s maintenance in the Good Samaritan Nursing Center in East Grand Forks, Minnesota. The welfare board refused to continue such support on the ground that Mr. Lindsay was not a Minnesota resident, and the matter was thereupon appealed to the Minnesota Department of Public Welfare. That agency reversed the decision of the welfare board and ordered the county to maintain Mr. Lindsay in the nursing center. The welfare board appealed that decision to the district court which upheld the action of the Department of Public Welfare. It is the district court order- which is here for review. We remand for further proceedings in the district court.

The issues before us are complicated and difficult and have constitutional overtones. Shapiro v. Thompson, 394 U. S. 618, 89 S. Ct. 1322, 22 L. ed. 2d 600 (1969). Essentially, the question is whether a resident of North Dakota who- comes to Minnesota for medical treatment and remains indefinitely for nursing home care becomes at some point a resident of Minnesota, thus imposing an obligation on this state for the patient’s maintenance and support.

[221]*221On the appeal of the matter to the district court, that court entered the following order and memorandum:

“Order For Hearing
“It appearing to the satisfaction of the court that new and additional evidence is material and necessary in order to make a more equitable disposition of each of the above proceedings, and that there were good reasons for failure to present such material evidence in the proceedings before the state agency,
“IT IS ORDERED, That a hearing be had before this court in the courtroom of the court house in the City of Crookston, Minnesota, on January 30, 1973, commencing at ten o’clock in the forenoon of that day, for the taking of new or additional evidence, including the testimony of witnesses, on each of the above appeals, and that further proceedings be had in accordance with the provisions of Minnesota Statutes § 256B.11.
Dated this 18th day of January, 1973.”
“Memorandum
“Examination and consideration of the decision of the state agency and of the records in each of the three appeals shows that some of the Findings are not supported by substantial evidence; that much of the hearsay evidence in the record does not have such probative value as is commonly accepted by reasonable men in the conduct of their affairs, and that additional and better evidence can and should be had.
“Polk County was not represented at the hearings before the Referee by the County Attorney or his assistant and it is quite apparent that because of their absence the County was greatly handicapped in the presentation of its evidence. Then too, the attorney for the nursing center may have been at a disadvantage because of the absence of material witnesses and the nonproduction of certain written evidence. All these matters considered, it appears that a determination of each appeal on its merits cannot be properly made on the basis of the present record, and in the event of appeal, the Supreme Court would not have an adequate record before it.
[222]*222“January 30, next, is only a suggested date for the hearing and it can be reset to any date, prior to February 15, should any of the parties so request.”

Notwithstanding the court’s dissatisfaction with the state of the record which prompted the court to direct the parties, to furnish further evidence, efforts to conduct further hearings were ultimately abandoned.

It may be significant that the three appeals mentioned in the court’s memorandum of January 18, 1973, referred to Mr. Lindsay’s case and, in addition, to related proceedings brought on behalf of Joseph Lepak and Esther Aakhus. With respect to the latter appeals, the trial court held that the decision of the commissioner of public welfare, which found Lepak and Aakhus eligible for medical assistance, was unsupported by substantial evidence, and we affirmed. Polk County Welfare Bd. v. State, Dept. of Public Welfare, 301 Minn. 513, 514, 223 N. W. 2d 137, 138 (1974). We there said:

“There is no dispute that appellants or someone in their behalf had the burden of proving before the commissioner that they intended to establish an abode in Minnesota in order to qualify for medical assistance. Both appellants were long-time residents in North Dakota. They were moved from North Dakota to a nursing home in East Grand Forks, Minnesota. Both appellants, by reason of their advanced age and deteriorated physical condition, were incapable of making a decision on their own behalf. The record of the evidence presented to the commissioner of public welfare on the issue of intent to change the place of abode was, as stated by the district court, hearsay, and ‘does not have such probative value as is commonly accepted by reasonable men in the conduct of their affairs.’ ”

We held that the standard for review by the district court is fixed by Minn. St. 15.0425 and that the commissioner’s determination may be reversed if the findings are unsupported by substantial evidence or are arbitrary or capricious. Although in [223]*223those cases we did not feel it was necessary to remand for further evidence, we have concluded that the issues raise policy questions of sufficient importance affecting comity between the states to make it advisable that we remand the matter before us for a plenary hearing in the district court. Under Minn. St. 256B.11, on appeals from determinations of the commissioner no new or additional evidence shall be taken unless such evidence in the opinion of the court is necessary to a more equitable disposition of the appeal. The trial court having made such a finding and having recited no reasons for reversing that conclusion, we are unwilling to pass on a matter having such broad implications without requiring the parties to comply with the court’s initial order to furnish a record on which both the trial court and this court may decide the case with a full understanding of the facts and the law which applies.

Mr. Lindsay is an unmarried person, born on November 18, 1893, raised and educated in North Dakota, who worked and owned property in North Dakota and resided in that state until he was admitted to the Good Samaritan Nursing Center in East Grand Forks, Minnesota, on December 23, 1965. At that time he was a private patient received for medical care required for the treatment of lung cancer. In August 1966, Mr. Lindsay’s family stopped paying for his maintenance, and it was assumed by Polk County. He was hospitalized in North Dakota for about 30 days in March and April 1967. He returned to the nursing center in April 1967 and has been there ever since. The welfare board terminated medical assistance for Mr. Lindsay on August 31, 1969. At the time of the hearing before the appeals referee of the Department of Public Welfare on August 19,1971, the sum of $5,893.90 due the nursing center for Mr. Lindsay’s care remained unpaid.

At the hearing before the appeals referee, the issue was whether Minnesota or North Dakota was financially responsible for Mr. Lindsay’s medical care.

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Bluebook (online)
234 N.W.2d 799, 305 Minn. 219, 1975 Minn. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polk-county-welfare-board-v-state-department-of-public-welfare-minn-1975.