Corrections – fiscal court responsibility for medical expenses: Hospital of Louisa v. Johnson County Fiscal Court (COA 4/10/2009)

Hospital of Louisa v. Johnson County Fiscal Court
2008-CA-001302
04/10/2009
2009 WL 961145
Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion.

The Court affirmed a summary judgment of the circuit court on the appellant hospital’s claim for payment from the county fiscal court for medical treatment given to a prisoner who had been released from jail on bail with the condition that he receive medical treatment and report back to the jail immediately upon completion of treatment. The Court held that because the prisoner was not in custody as defined by KRS 520.010(2), the county was not responsible pursuant to KRS 441.045(3) to pay for the medical treatment.