St. Joseph's Hospital, Inc. of Ft. Wayne v. Huntington County Dept. of Public Welfare, No. 2-579A124
| Docket Nº | No. 2-579A124 |
| Citation | 405 N.E.2d 627 |
| Case Date | June 18, 1980 |
| Court | Court of Appeals of Indiana |
Page 627
Appellant (Plaintiff Below),
v.
HUNTINGTON COUNTY DEPARTMENT OF PUBLIC WELFARE, Appellee
(Defendant Below).
Page 628
Raver, Federoff & Lowenstein, Paul C. Raver, Sr., Solomon L. Lowenstein, Jr., Fort Wayne, for appellant.
Palmer, Bowers & Brewer, Robert S. Garrett, Huntington, for appellee.
BUCHANAN, Chief Judge.
Plaintiff-appellant St. Joseph's Hospital, Inc. (the Hospital) appeals the judgment of the trial court granting the motion to dismiss filed by the Huntington County Department of Public Welfare (the Department), thereby dismissing the Hospital's complaint for lack of jurisdiction over the subject matter because the Hospital failed to exhaust its administrative remedies.
We affirm.
On November 6, 1977, Terry L. Shenfeild, a resident of Huntington County, Indiana, was severely burned while putting up a C.B. antenna in Warren, Huntington County, Indiana. He was taken to the Huntington Memorial Hospital for treatment and the same day transferred to St. Joseph's Hospital in Fort Wayne, Indiana.
The Hospital notified the Department of Shenfeild's admission on November 9, 1977, using the Department's form number 475 entitled "Hospital or Physician's Report of Illness or Injury Under Chapter 172, Acts of 1965," (IC 12-5-2-1) for recovery of medical services and materials rendered to Shenfeild in the amount of $11,971.65.
On December 14, 1977, a caseworker for the Department filed an Application for Hospital Commitment on form 550 for Shenfeild and the Hospital was informed of this fact.
Initially, the Hospital received verbal approval from the Department for payment of the medical and hospital expenses incurred by Shenfeild. But, thereafter, the Hospital was notified that the Department would not accept financial responsibility for medical services to Shenfeild until a lawsuit filed by Shenfeild against the Town of Warren for civil liability resulting from the accident had been resolved.
The Hospital then filed a complaint against the Department in the Huntington Circuit Court (later venue was changed to the Wells Circuit Court) for recovery of Shenfeild's medical and hospital expenses. The Department moved for dismissal arguing that the Hospital did not follow the proper administrative appeal procedures.
Page 629
The trial court dismissed the cause for lack of jurisdiction because of failure to exhaust administrative remedies.To facilitate review, and pursuant to Indiana Rules of Procedure, Appellate Rule 8.3(A)(7), the Hospital's issues are consolidated in the following single issue:
Was the decision of the trial court in finding that it lacked jurisdiction over the...
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State ex rel. Basham v. Medical Licensing Bd. of Indiana, No. 3-882A188
...Resources v. Taylor (1981), Ind.App., 419 N.E.2d 819, 824; St. Joseph's Hospital, etc. v. Huntington County D.P.W. (1980), Ind.App., 405 N .E.2d 627, 630; Thompson v. Medical Licensing Bd. (1979), Ind.App., 389 N.E.2d 43, 46-48, reh. denied, 398 N.E.2d 679, cert. denied, 449 U.S. 937, 101 S......
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Northside Sanitary Landfill, Inc. v. Indiana Environmental Management Bd., No. 1-883A257
...410 N.E.2d 1348, 1351; St. Joseph's Hospital, Inc. of Fort Wayne v. Huntington County Department of Public Welfare, (1980) Ind.App., 405 N.E.2d 627, 629; Reidenbach v. Board of School Trustees of the West Noble School Corp., (1980) Ind.App., 398 N.E.2d 1372, 1374; South Bend Federation of T......
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Shettle v. Meeks, No. 2-283A54
...before there can be judicial review thereof." St. Joseph's Hosp., Inc. v. Huntington County Dep't of Pub. Welfare, (1980) Ind.App., 405 N.E.2d 627, 629; accord, e.g., South Bend Fed'n of Teachers v. National Educ. Ass'n, (1979) 180 Ind.App. 299, 389 N.E.2d 23, trans. denied; City of In......
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State v. Van Ulzen, No. 1-383A90
...in the trial court. St. Joseph's Hospital, Inc. of Fort Wayne v. Huntington County Department of Public Welfare, (1980), Ind.App., 405 N.E.2d 627. See State ex rel, Paynter v. Marion County Superior Court, (1976) 264 Ind. 345, 344 N.E.2d All the proceedings under the State Personnel Act are......
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State ex rel. Basham v. Medical Licensing Bd. of Indiana, No. 3-882A188
...Resources v. Taylor (1981), Ind.App., 419 N.E.2d 819, 824; St. Joseph's Hospital, etc. v. Huntington County D.P.W. (1980), Ind.App., 405 N .E.2d 627, 630; Thompson v. Medical Licensing Bd. (1979), Ind.App., 389 N.E.2d 43, 46-48, reh. denied, 398 N.E.2d 679, cert. denied, 449 U.S. 937, 101 S......
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Northside Sanitary Landfill, Inc. v. Indiana Environmental Management Bd., No. 1-883A257
...410 N.E.2d 1348, 1351; St. Joseph's Hospital, Inc. of Fort Wayne v. Huntington County Department of Public Welfare, (1980) Ind.App., 405 N.E.2d 627, 629; Reidenbach v. Board of School Trustees of the West Noble School Corp., (1980) Ind.App., 398 N.E.2d 1372, 1374; South Bend Federation of T......
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Shettle v. Meeks, No. 2-283A54
...before there can be judicial review thereof." St. Joseph's Hosp., Inc. v. Huntington County Dep't of Pub. Welfare, (1980) Ind.App., 405 N.E.2d 627, 629; accord, e.g., South Bend Fed'n of Teachers v. National Educ. Ass'n, (1979) 180 Ind.App. 299, 389 N.E.2d 23, trans. denied; City of In......
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State v. Van Ulzen, No. 1-383A90
...in the trial court. St. Joseph's Hospital, Inc. of Fort Wayne v. Huntington County Department of Public Welfare, (1980), Ind.App., 405 N.E.2d 627. See State ex rel, Paynter v. Marion County Superior Court, (1976) 264 Ind. 345, 344 N.E.2d All the proceedings under the State Personnel Act are......