[CLBS] Indigent lien

[James Macdonald]

This is off the top of my head with no research done.

1.   I don't think so.  The lien dates back to the time the services are rendered. 
2.  Yes, failure to appear could result in contempt.  I think your client will be subpoenaed to appear and produce documents about their income and assets.

I assume your client has real property, otherwise there would be no concern about this bogus lien.  It is my understanding Idaho is the only state that has the indigence lien.   It has the draconian effect of not allowing an Idaho citizen who happens to own real property to effectively use BK to get rid of medical debts.  It elevates hospitals and medical providers over all other unsecureds.  This really needs to be looked at by our legislature.

Bart Davis are you reading this? 

Regards,
James S. Macdonald

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
PO Box 1049
Lake Plaza Building - 123 South Third Avenue, Suite 24
Sandpoint, ID  83864
208.263.8517
208.263.0759 (Fax)

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patrick J. Geile
Sent: Wednesday, September 10, 2014 8:35 AM
To: 'CLBS at admws.idaho.gov'
Subject: [CLBS] Indigent lien

Client cuts his arm off and hospital reattaches, Client has no insurance so there is a 170K bill.  The hospital applies for county assistance through the indigency program. The application was initially denied and the hospital has appealed.

I have the following questions


1)      If client files bankruptcy, will that stop the process permanently, thus preventing the lien?

2)      If client decides to not participate in the hearing, is there a penalty, ie a bench warrant, contempt?





Patrick J. Geile
Foley Freeman PLLC
953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563
Phone:  (208) 888-9111
Fax:  (208) 888-5130

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