[CLBS] Indigent lien

[Catherine Dullea]

Understand that the hospital can file the application if the debtor won't.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] 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>
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
> 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 or call (208) 263-8517.
>
> -----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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