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University of Kansas Hosp. Authority v. Board of County Com'rs of Unified Government of Wyandotte County/Kansas City

Court of Appeals of Kansas

September 13, 2013

UNIVERSITY OF KANSASHOSPITAL AUTHORITY and Kansas University Physicians, Inc., Appellees,
v.
The BOARD OF COUNTY COMMISSIONERS OF the UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, Appellee,
v.
State of Kansas-Kansas Highway Patrol, Appellant.

Review Granted Feb. 18, 2014.

Syllabus by the Court

1. K.S.A. 22-4612 establishes a legislative policy providing that a county, a city, a county or city law enforcement agency, a county department of corrections or the Kansas Highway Patrol shall be liable to pay a health care provider for health care services rendered to persons in the custody of such agencies.

2. The policy established by K.S.A. 22-4612 supersedes the prior policy enunciated in Wesley Med. Center v. City of Wichita, 237 Kan. 807, Syl. ΒΆΒΆ 2, 3, 703 P.2d 818 (1985), that a county would be held liable for the medical expenses of all offenders arrested for and subsequently charged with a violation of state law, regardless of which police agency made the arrest or whether such expenses were incurred before or after the offender was placed in the county jail.

3. Under K.S.A. 22-4612, the State of Kansas may be held liable to pay for health care services rendered to an arrested person in the custody of the Kansas Highway Patrol prior to delivery of such person to a county jail.

Page 61

Derenda J. Mitchell, assistant attorney general, and Derek Schmidt, attorney general, for appellant.

E. LouBjorgaard Probasco and Jennifer Martin Smith, of Topeka, for appellees University of Kansas Hospital Authority and Kansas University Physicians, Inc.

Brandelyn K. Nichols, assistant counsel, Unified Government of Wyandotte County/Kansas City, Kansas, for appellee Board of County Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas.

Before HILL, P.J., POWELL, J., and HEBERT, S.J.

HEBERT, J.

The University of Kansas Hospital Authority and Kansas University Physicians, Inc. (KU) filed a collection action against the Board of County Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas (Wyandotte) and the State of Kansas, Kansas Highway Patrol (State), seeking to recover the cost of medical treatment provided to an arrested person. The district court denied the State's motion for summary judgment and granted summary judgment in favor of KU and against the State. The State appeals.

We affirm the judgment of the district court.

UNCONTROVERTED FACTS

The material facts are not in dispute and were succinctly summarized by the district court in a memorandum opinion filed on March 29, 2012, and thereafter specifically enumerated in a journal entry of judgment filed on May 7, 2012:

" 1. On November 5, 2008, Highway Patrol Trooper Greg Peters determined a vehicle was speeding in Wyandotte County and pursued it.
" 2. The driver of the speeding vehicle, Wayne Thomas, ...

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