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UNIVERSITY OF KANSAS HOSP. v. BD. OF COM'RS

No. 104,236.

327 P.3d 430 (2014)

UNIVERSITY OF KANSAS HOSPITAL AUTHORITY, Appellant, v. The BOARD OF COMMISSIONERS OF the COUNTY OF WABAUNSEE, Kansas, Appellee.

Supreme Court of Kansas.

June 27, 2014.

Attorney(s) appearing for the Case

Jennifer Martin Smith, of Topeka, argued the cause, and E. Lou Bjorgaard Probasco, of Probasco & Associates, P.A., of Topeka, was with her on the briefs for appellant.

Norbert C. Marek, Jr., county attorney, argued the cause and was on the brief for appellee.

Nathan Eberline, of Topeka, was on the brief for amicus curiae Kansas Association of Counties.

The opinion of the court was delivered by LUCKERT, J.:

Prior Kansas appellate decisions require a sheriff to provide medical care to a prisoner in the sheriff's custody and a county to pay for the care if the prisoner is indigent and has no other means of payment. Relying on this caselaw, the University of Kansas Hospital Authority (Hospital Authority) sued the Board of Wabaunsee County Commissioners (County) for reimbursement of the medical expenses incurred in the...

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