And what you can do about it.

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Presentation transcript:

And what you can do about it. Involuntary Hold And what you can do about it.

We only pay off of a Judges Order affixing cost to Bonner county. First, my disclaimer: Bonner County does NOT have a contract with any hospital concerning involuntary holds. We are the only county in District One, I believe that does not have a contract. We will NOT accept an application from any provider for either an involuntary police hold nor for a physicians hold. If a person is already in the hospital and are then put on a physician hold, we will exclude the time on the physician hold from the application and will deny the time on the hold as: Per Idaho Code § 66-327, the Board of Bonner County Commissioners does not have jurisdiction to determine an involuntary hold. We only pay off of a Judges Order affixing cost to Bonner county. Involuntary Holds CAN NOT be submitted to CAT. Medical Reviews on an involuntary hold likewise are not reimbursed by CAT. Can not submit to CAT even if over the $11,000. It’s all on you. Even if you do a medical review, CAT will not reimburse the cost of a medical review for an Involuntary Hold.

Bonner County Assistance pays all 1st D.E.’s ($67.50 per D.E.) So then, what do we do! Bonner County Assistance pays all 1st D.E.’s ($67.50 per D.E.) When a person is placed on an involuntary hold, my Prosecuting Attorney’s office sends me the following, to name a few: Declaration in Support of the Emergency Detention of a Person Bonner County Prosecuting Attorney Deputy Report for Incident Petition for Involuntary Commitment Order Authorizing Detention, Transportation, Second DE from Health and Welfare and Treatment Pending Hearing My Affidavit for this case* to be completed and returned Certificate and Report Designated Exam Report of Emergency Detention of an Alleged Mentally Incapacitated Person Order for Involuntary Detention and Transport, Notice of Commitment Hearing, Appointment of Second Designated Examiner, and Appointment of Public Defender Order of Commitment Motion for (or) Order of Determination of Indigency, Determination of Residency, Conditional Dismissal of Petition and Order of Release Notice of hearing to Determine Indigency and Residency Order Determining Indigency and Residency

Search documentation for information on patient: address phone numbers family members Call the hospital to see what info they have on the person Medicare (policy number) Medicaid (CIN number) Private insurance (Subscriber and group number) Address Family member names and numbers Drivers License

If family is located Call and ask about residency and resources Since the patient is now represented by a Public Defender, I cannot speak to the patient directly. Basically do an interview with family. Check property values and any mortgages on property, check number of vehicles registered to patient. Some investigation is better than no investigation that ends up paying for “holds” you shouldn’t be paying for.

We have an agreement with our Magistrate Judges to hold a hearing within 3-4 days to keep the costs low. We use an expedited process. Bonner County uses an Affidavit that I complete and return to the Prosecuting Attorney office. Complete the affidavit accordingly and be present at indigency/residency hearing to testify if need be. I DO NOT attend the commitment hearing, but wait until I am called to attend the portion determining residency and indigency. Affidavit states:

Kevin Rothenberger, being first duly sworn, deposes and says as follows: I am a Deputy Clerk and serve as Director of Assistance for Bonner County, Idaho. My duties include, among other things, investigating the residency and medical indigency status of all persons seeking county assistance under the Idaho Medical Indigency Statutes. Pursuant to the involuntary commitment statutes and applicable case law of Idaho, and at the request of the Bonner County Prosecuting Attorney’s Office, I investigated the residency and medical indigency status of the above named person. 4. Based upon my investigation, I found and verily believe that the residency of the person is as follows: _____ The person is a resident of Bonner county and maintained such a residence for at least thirty (30) days immediately preceding hospitalization. _____ The person is not a resident of Bonner county but did maintain such a residence in _____________________________ immediately preceding hospitalization.   _____ I am unable at this time to determine residency.    5. Other comments regarding residency include the following:

income and other resources available to privately pay for necessary 6. Based upon my investigation, I further found and verily believe that the medical indigency status of the person is as follows: _____ The person is a medically indigent person who does not have sufficient income and other resources available to privately pay for necessary medical services over a sixty (60) month period.   _____ The person is not a medically indigent person as defined above for purposes of paying pre-commitment costs. _____ I am unable at this time to determine medical indigency. 7. Other comments regarding medical indigency include the following: 8. This Affidavit is made to provide evidence for the Court to determine the residency and medical indigency status of the person, and thereby assign responsibility for costs of commitment and care of patients under Idaho Code § 66-327. DATED this day of , 2019. ____________________________ KEVIN ROTHENBERGER, DIRECTOR Next page contains Notary info Bonner County Assistance Other comments would be used to describe any property owned, value, mortgage amount, equity. Use Spokane doctor as example.

I will take no more than 2 days to get the affidavit filed with the Prosecuting Attorney’s office. Remember, we are on an expedited process. If I receive an Order affixing costs to Bonner County, I will do my investigation of the patient to verify residence and medical indigency. If during that investigation, I discover either they are not my resident or they have resources, I will work with my Prosecuting Attorney’s office to file a motion for reconsideration and have the costs assigned to the correct county or to the patient. Don’t be afraid to contest the Judges Order, why pay if you don’t need to! But if you do your investigation up front, these wouldn’t be issues to deal with after the fact. That’s it in a nutshell.