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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 34155 MERCY MEDICAL CENTER, Petitioner-Appellant, v. ADA COUNTY and the BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, Respondent. ) ) ) ) ) ) ) ) ) ) )

Boise, May 2008 Term 2008 Opinion No. 102 Filed: August 26, 2008 Stephen Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Honorable D. Duff McKee, District Judge. The decision of the district court is affirmed. Hall, Farley, Oberrecht & Blanton, Boise, for appellant. Phillip S. Oberrecht argued. Ada County Prosecuting Attorney, Boise, for respondent. Claire S. Tardiff argued. _______________________________________________ HORTON, Justice This is an appeal from the district court's order vacating the denial of an application for medical indigency benefits and remanding to a county board of commissioners for further findings. We affirm the decision of the district court. I. FACTUAL AND PROCEDURAL BACKGROUND Elvira Orozco (the Patient) came to Ada County in October, 2004, from Mexico. She initially resided in Garden City, Idaho. In March, 2005, she moved to a residence in Meridian, Idaho, where she lived until June, 2006. In June, 2006, she moved to a different residence in Meridian, where she lived with her parents and her three children. The Patient was admitted to Mercy Medical Center (Mercy) on February 13, 2006, for medical treatment. She was released the following day, but was re-admitted on February 18,

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2006 and remained at the hospital until February 20, 2006. She was treated for cholecystitis and a cholecystectomy was performed. On July 7, 2006, the Patient submitted a delayed application to Ada County for indigent medical assistance. On August 22, 2006, Respondent Board of Commissioners of Ada County (Board or County) issued its initial denial of the application, on the basis that the Patient "is a resident of Mexico and has no proof of legal status to remain in the United States," concluding that her presence in Ada County "must be found to be temporary since she is subject to deportation . . . ." The Board did not address whether the treatment received by the Patient was medically necessary nor did the Board address whether she was indigent. As permitted by I.C.

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