§ 68-114 — Nonresident poor persons; temporary aid; relief when legal residence not determined

Nebraska § 68-114

• Jurisdiction: Nebraska
• Ch. 68: Public Assistance

Text

Whenever any nonresident shall fall sick in any county in this state, not having money or property to pay his or her board, or whenever any poor person not having a legal settlement in the county is found in distress, without friends or money, so that he or she is likely to suffer, it shall be the duty of the county board to furnish such temporary assistance to such person as it shall deem necessary; and if any such person shall die, the county board shall provide all necessary means for a decent burial of such person. If such poor person, applying for or receiving relief, belongs to another state, the county board may furnish such person, in addition to necessary temporary aid, transportation and the requisite expenses incurred thereby, and may return such poor person to the state in which he or she has legal settlement; Provided, that the claim by the poor person of a legal settlement shall be verified by the county board, and assurance be given the board that such poor person will be received and given care in the place of his or her legal settlement. If any such poor person shall be found applying for relief in any county, and the county board of such county shall be unable to ascertain and establish the last place of legal residence of such person, the county board shall proceed in its discretion to provide for such poor person in the same manner as other poor persons are directed to be provided for.

Legislative History

Source: R.S.1866, c. 40, § 14, p. 277; R.S.1913, § 5808; Laws 1915, c. 20, § 1, p. 81; C.S.1922, § 5153; C.S.1929, § 68-114; Laws 1933, c. 118, § 8, p. 482; C.S.Supp.,1941, § 68-114; R.S.1943, § 68-114; Laws 1982, LB 602, § 2. Cross References: For powers of health district in counties over 200,000 population, see section 71-1623. Annotations: A county may be liable for the reasonable value of necessary hospital services furnished to poor persons when the county board, after receiving notice of the situation, neglects or refuses to make any arrangements for the care of the person. Creighton-Omaha Regional Health Care Corp. v. Douglas County, 202 Neb. 686, 277 N.W.2d 64 (1979). A hospital which furnishes hospital services to a poor person without a prior authorization by the county board acts at its peril with respect to reimbursement from county funds. Creighton-Omaha Regional Health Care Corp. v. Douglas County, 202 Neb. 686, 277 N.W.2d 64 (1979). County board by statute has been made overseer of the poor and the county board has mandatory duty to provide for poor persons whether or not they are residents of the county. Creighton-Omaha Regional Health Care Corp. v. Douglas County, 202 Neb. 686, 277 N.W.2d 64 (1979). Approval of county board is required to impose liability for hospital services furnished to a nonresident. Mary Lanning Memorial Hospital v. Clay County, 170 Neb. 61, 101 N.W.2d 510 (1960). Where there is a duly appointed county physician to care for the poor, a physician, not hired by the county, cannot recover for services rendered to a nonresident poor person in an emergency. Sayre v. Madison County, 127 Neb. 200, 254 N.W. 874 (1934). Duty of overseer of poor in precinct where such person shall be, is to furnish such assistance as he shall deem necessary, medical, or otherwise. Meyers v. Furnas County, 93 Neb. 313, 140 N.W. 633 (1913). A poor person becoming disabled in a county other than his residence is entitled to relief from county in which found, which county has right of reimbursement from county of pauper's residence. Rock County v. Holt County, 78 Neb. 616, 111 N.W. 366 (1907). A township is not liable for medical services rendered to a nonresident pauper. Gilligan v. Town of Grattan, 63 Neb. 242, 88 N.W. 477 (1901). County is not liable for voluntary medical attendance to nonresident pauper. Hamilton County v. Meyers, 23 Neb. 718, 37 N.W. 623 (1888).