Published June 03, 2009, 08:00 AM

Avera, county working to solve indigent health claims

Members of the Davison County Commission on Tuesday expressed concern that a legal request from an Avera collections attorney could mean another round of expensive indigent health-care costs for the county.
The commissioners weren’t aware that the attorney’s actions were not supported by Avera Queen of Peace management.

By: Ross Dolan, The Daily Republic

Members of the Davison County Commission on Tuesday expressed concern that a legal request from an Avera collections attorney could mean another round of expensive indigent health-care costs for the county.

The commissioners weren’t aware that the attorney’s actions were not supported by Avera Queen of Peace management.

Avera Queen of Peace Hospital CEO Tom Rasmusson said later Tuesday that his hospital plans to maintain the spirit of an earlier agreement with the county that will reduce the cost of processing indigent health claims for both sides.

During Tuesday’s commission meeting, Deputy State’s Attorney Jim Taylor asked the commissioners about past agreements on indigent medical bills, but no details on those agreements were immediately available.

Taylor said the county has received 50 to 60 claims for indigent medical care from Avera McKennan, Avera Queen of Peace and Avera Heart hospitals. The claims are appealed to the court and the county ends up taking depositions from the patients to determine the validity of the claims. The process is slow and expensive, said Taylor.

“About 33 cases have been hanging fire for over a year,” said Taylor, and the court has issued a “show cause” order to Avera attorney Bob Nelson, asking why the claims should not be dismissed.

Nelson, in turn, sent Taylor a note asking that the claims be “held in abeyance” until the end of the year, based on a previous agreement between the county and Avera Queen of Peace. But Taylor said he has no personal knowledge of an agreement that was developed between Avera Queen of Peace and Commissioner Dick Ziegler. Ziegler, who is recovering from an illness, was not present at Tuesday’s meeting.

As part of that agreement made last fall, commissioners and Avera Queen of Peace agreed to settle a number of past claims for a flat fee payment from the county.

Taylor wondered if Nelson’s request reopened previously settled claims.

County Welfare Director Steve McClure, after a quick call to Rasmusson, told Commission Chairman Jerry Fischer that Rasmusson requested a private meeting with Fischer and Commissioner John Claggett.

In a telephone conversation with The Daily Republic Tuesday afternoon, Rasmusson said the county should not be concerned with Nelson’s letter.

“He is trying to pursue this contrary to our agreement with the commissioners. We are ignoring Mr. Nelson’s letter and are working with Mr. McClure and the commissioners to work on an amenable agreement everyone can live with,” Rasmusson said.

Commissioners Fischer and David Weitala both saw no problem with meeting privately with Rasmusson as long as the results of that meeting were later reported in open session. Taylor agreed. A meeting would be illegal only if a quorum of the commissioners met outside a regular open session, he said.

Taylor said that the county must still reply to Nelson’s request since legal issues and other Avera organizations are involved.

“But if we find a way to work this out without having lawyers involved, it will be better for everybody,” Taylor said.

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