August 29, 2014

Feds ask court to throw out hospital lawsuit

SIOUX FALLS, S.D. (AP) – The federal government has asked a judge to throw out a lawsuit filed by a South Dakota hospital trying to collect more than $1.65 million in fees for care provided to members of the Oglala Sioux Tribe.

Bennett County Hospital and Nursing Home in Martin sued Indian Health Services, saying the agency isn't paying its bills for the care provided to Native American patients since 2007.

In the motion to dismiss the lawsuit, the federal government says the lawsuit belongs in U.S. Court of Federal Claims because the damages are over $10,000. It also says the hospital has failed to exhaust its administration remedies and that it is not responsible for some bills under its guidelines.

The hospital's administrator did not immediately return a message seeking comment.

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