[CLBS] Indigent

[D. Blair Clark]

It's a non-avoidable statutory lien unfortunately.  We've had this type of
situation before.  I've never seen them actually claim a car or other
assets, but they will wait until the house sells.

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PLLC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Bruce M. Perry
Sent: Wednesday, January 02, 2013 4:05 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Indigent

Folks,

 

We have a client who needed emergency treatment at St. Lukes and was billed
about $150,000.  The hospital filed an application for state and county
medical assistance.  Ada County determined our client to be medically
indigent and has entered an order of reimbursement requiring him to pay
almost $70,000 over 12 years.   He makes about $3,000 per month and has no
other debt.  He is a mechanic and almost 60 and cannot realistically work
for another 12 years to repay this amount.  Ada County advises me that we
cannot challenge their determination that he is medically indigent but can
only appeal the order of reimbursement.  Does anyone know if that is
correct?

 

They have also filed a lien against both his real and personal property. The
client has about $60,000 of equity in his home and a car, but little in the
way of other assets.  If we file bankruptcy to eliminate personal liability
to repay the county and state, does the lien nevertheless take priority over
the homestead exemption?  Does the lien also impair  other exemptions such
as the vehicle exemption?  Any guidance on how to proceed would be
appreciated.  Thanks for your help.

 

Bruce M. Perry

 

Integra Law Group 

950 W. Bannock, 11th Floor
PO Box 1870
Boise, ID 83701


T/   208.386.9000
C/   208.867.9000
F/   208.386.9900

 

 <http://www.integralawgroup.com/> integralawgroup.com

 

This email is confidential and only for the use of the intended recipient.
If you are not the intended recipient, any use, distribution or copying of
this communication is prohibited.  If you have received this email in error,
please notify us by reply email or telephone at (208) 386-9000 and
delete/destroy the original message.  Thank you.

 

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs