Red Oak Hospital Sues Mills County

By Greg Orear, General Manager

RED OAK – In a unique case which may have statewide ramifications, Montgomery County Memorial Hospital has filed a lawsuit against Mills County regarding prisoner medical care.

Tom Stamets, attorney for the Red Oak hospital, said the case appears headed for district court as the Mills County Board of Supervisors refuses to pay the $17,246.25 medical bills accumulated by prisoners they transferred to Montgomery County Center.

“This case is currently in the discovery process,” Stamets said. “I need to do the base work to prepare for what I expect to be a trial.”

Stamets said the hospital bills were accumulated in 2013 by about 10 female prisoners arrested in Mills County but housed at the Montgomery County Law Enforcement.

Until their new jail is completed, Mills County is unable to house female prisoners at its current facility and as such, transferred them to Montgomery County at a rate of $55 per day.

According to court documents filed by Mills County Attorney Eric Hansen, while the payment rate was agreed upon, no other formal contract existed between the two counties, including who is responsible for the prisoners’ medical expenses.

Hansen and the Mills County Board maintain this is an issue between the hospital and the inmate.

“Each time a prisoner was brought to the Montgomery County Hospital, he/she was in the care, custody and control of Montgomery County,” Hansen stated in the court documents. “The prisoners in question were supervised by employees of Montgomery County at all times except when transported for court proceedings. The prisoner is the one ultimately responsible for the payment of services.”

Stamets and the Montgomery County Memorial Hospital Board disagree.

“To me, frankly, that seems wrong,” Stamets said.

Since Montgomery County opened the new law enforcement center in July 2012, several counties have housed inmates there, however Stamets said only Mills has balked at accepting responsibility for its inmates’ medical bills.

“Other counties, Page for example, have paid the hospital for services rendered to their inmates,” Stamets said. “Mills County just got its back up against the wall and decided they weren’t going to.”

Mills County Supervisor Ron Kohn believes Montgomery County’s billing practices are more unique compared to other facilities.

“Basically, it comes down to the fact that we consulted with the sheriff and county attorney and it’s their opinion that the medical costs are the jail’s responsibility based on the practices at other facilities,” he said.

Stamets cites previous case law in which the county was ultimately responsible for the bills, yet he concedes there isn’t a definitive answer.

“It’s not dead certain. It’s court-made law and I guess judges could change the law if they want,” Stamets said. “Who knows, maybe Mills County knows something we don’t.”

After a December 2013 meeting, the Montgomery County Board of Supervisors directed Sheriff Joe Sampson to no longer accept Mills County inmates.

Mills County voters approved a $6.4 million jail bond a month after Montgomery County’s facility opened. The Mills County Law Enforcement Center and Jail is set to open this fall and will be equipped to house female prisoners.

With Montgomery County currently refusing to accept Mills County inmates, the Mills County Sheriff’s Office is now taking its female inmates to the Adams County Jail instead.