313 P.3d 60
Kan. Ct. App.2013Background
- On Nov. 5, 2008, KHP Trooper Greg Peters pursued and arrested Wayne Thomas after a speeding/chase crash; Thomas was handcuffed and taken directly to the University of Kansas Hospital for treatment.
- Trooper Peters informed hospital staff Thomas was on a "police hold"; Thomas remained handcuffed, was admitted, and the next day Peters picked him up and transported him to the Wyandotte County jail when medically discharged.
- Thomas was charged with a state felony (eluding an officer); he was indigent and uninsured.
- KU Hospital and Kansas University Physicians sued to collect medical charges totaling about $25,508.29 from Wyandotte County and the State (Kansas Highway Patrol).
- The district court denied the State’s summary judgment and granted summary judgment to KU against the State, finding the State (KHP) had custody when treatment was rendered under K.S.A. 22-4612.
- The State appealed; the appellate court reviewed statutory interpretation de novo and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether K.S.A. 22-4612 supersedes Wesley Med. Ctr. rule that county liability hinges on arrest/charge | KU argued 22-4612 concerns payment rates and does not displace Wesley’s charge-based rule | State argued 22-4612/22-4613 make liability turn on which agency has custody when services are rendered | Court held 22-4612/22-4613 unambiguously supersede Wesley; liability is determined by which enumerated agency has custody when treatment occurs |
| Whether KHP had "custody" of Thomas when medical expenses were incurred, making the State liable under K.S.A. 22-4612 | KU argued statutory custody is met because Trooper Peters arrested, transported, and kept Thomas on police hold at the hospital | State implicitly argued custody did not attach or that Wesley controls; also raised other statutes (e.g., K.S.A. 19-1910) | Court held Thomas remained in KHP custody (handcuffed, on police hold, and not released under 22-4613 conditions), so State is liable for the medical costs |
Key Cases Cited
- Wesley Med. Center v. City of Wichita, 237 Kan. 807 (1985) (established that, prior to statute, county liability depended on arrest/charge rather than which agency responded)
- State v. Bee, 288 Kan. 733 (2009) (explains that "shall" generally imposes a mandatory duty)
- State v. Urban, 291 Kan. 214 (2010) (sets out approach to statutory interpretation: plain language controls)
- Steffes v. City of Lawrence, 284 Kan. 380 (2007) (court must interpret statutory language as written and not read in extra meaning)