Avera loses legal bid to recoup indigent care fees

The South Dakota Supreme Court ruled that Yankton County is not responsible for paying the indigent care costs of 23 patients who were detained under mental health orders at Yankton-based Avera Sacred Heart Hospital.

The hospital argued that South Dakota law requires Yankton County to pay the care costs for 23 indigent patients who needed to receive medical care before they could be transferred to the Human Services Center in Yankton for mental health treatment. Circuit Court Judge David Knoff originally ruled in favor of Avera, but later ruled in favor of the country after a motion to reconsider and a hearing, according to Argus Leader.

Avera attempted to overturn Mr. Knoff's decision, but in a Nov. 19 ruling, Chief Justice David Gilbertson wrote that the laws the hospital referenced in its argument were "inapplicable" to the issue because they do not address pre-commitment medical costs.

The ruling constituted a loss of about $130,000 for the hospital.

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