April 23, 1985

Mr. C. D. Kell 
Jones County State's Attorney 
Post Office Box 478 
Murdo, South Dakota 57559

OFFICIAL OPINION NO. 85-21

County liability for hospitalization costs for injuries incurred by indigent resident at Human Services Center

Dear Mr. Kell:

You have requested an official opinion based upon the following facts:

FACTS: 

An indigent resident of Jones County entered the Human Services Center under a voluntary commitment.  Jones County has been making payments for the indigent's care at the Human Services Center. While at the Human Services Center, the indigent resident was transferred to Sacred Heart Hospital for hospitalization and tests resulting from injuries that occurred at the Human Services Center. Sacred Heart Hospital is billing Jones County for hospitalization costs.

Based upon the foregoing, you have asked the following question:

QUESTION: 

Is Jones County liable for hospitalization costs of an indigent resident for injuries incurred at the Human Services Center?

IN RE QUESTION:

Assuming the hospitalization costs were incurred in an emergency case, the county would be liable under SDCL 28-13-33 for costs billed pursuant to SDCL Ch. 28-13.  In my opinion, the county's liability is not terminated or waived  because the injuries that resulted in the indigent's hospitalization occurred at the Human Services Center.  There is no separate statutory provision imposing liability upon the Human Services Center for hospitalization costs for injuries or illnesses incurred by patients at the Human Services Center.  The Human Services Center would only be liable for hospitalization costs if liability can be imposed through an action initiated in accordance with SDCL 21-32.  Such an action would have to be initiated by the injured resident indigent or possibly by the county in a subrogation action to obtain reimbursement for county poor relief expenditures.  See SDCL Ch. 28-14 Reimbursements of County Poor Relief Expenditures.

If the hospitalization at the Sacred Heart Hospital was in a non-emergency case, the county would only be liable if the application and approval provisions of SDCL 28-13-32.1 and 28‑13‑32.2 were complied with.

Respectfully submitted,

Mark V. Meierhenry
Attorney General