[CLBS] Indigent lien

[Ryan F]

I'm aware that the hospital can apply without the Debtor's signature, but I
think the application is more often successful if the Debtor requests
assistance.

I disagree with Paul Ross concerning the effect of a bankruptcy
mid-process.  Because the statutory lien attachment relates back to the
application date, the lien still attaches, despite an intervening
bankruptcy, as long as the application was filed with the county
pre-petition.  I've argued this with Marv Smith in front of Judge Pappas
and lost.

Kindest regards,

Ryan Farnsworth

On Wed, Sep 10, 2014 at 11:17 AM, James Macdonald <jmacdonald at ejame.com>
wrote:

> Ryan-the problem is the hospital or medical provider can fill out the
> application on behalf of the patient.
>
> 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)
>
> The information in this email message may be privileged, confidential and
> protected from disclosure.  If you are not the intended recipient, any
> dissemination, distribution or copying is strictly prohibited.  If you
> think you received this email message in error, please reply to
> james at ejame.com<mailto:ford at ejame.com> or call (208) 263-8517.
>
> From: refasu at gmail.com [mailto:refasu at gmail.com] On Behalf Of Ryan
> Farnsworth
> Sent: Wednesday, September 10, 2014 10:14 AM
> To: James Macdonald; Bankruptcy list
> Subject: Re: [CLBS] Indigent lien
>
> I've talked to Bart Davis and Fred Wood (Chair of the Health & Welfare
> Committee in the House, and probably the best informed legislator on
> matters of county indigency and medicaid).  Both say that further expansion
> of Obamacare/medicaid would get rid of the county indigency system, but the
> political will isn't there, so it won't be happening very soon.
> Until then, tell everyone you know not to ever sign an application for aid
> from county indigency.
>
> Ryan Farnsworth
> Avery Law
> Idaho Falls, ID
>
> On Wed, Sep 10, 2014 at 9:50 AM, James Macdonald <jmacdonald at ejame.com
> <mailto:jmacdonald at ejame.com>> wrote:
> 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<tel:208.263.8517>
> 208.263.0759<tel:208.263.0759> (Fax)
>
> The information in this email message may be privileged, confidential and
> protected from disclosure.  If you are not the intended recipient, any
> dissemination, distribution or copying is strictly prohibited.  If you
> think you received this email message in error, please reply to
> james at ejame.com<mailto:james at ejame.com> or call (208) 263-8517
> <tel:%28208%29%20263-8517>.
>
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov<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<mailto: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<tel:%28208%29%20947-1563>
> Phone:  (208) 888-9111<tel:%28208%29%20888-9111>
> Fax:  (208) 888-5130<tel:%28208%29%20888-5130>
>
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