Did Mansura pay for a resident’s autopsy lab tests and coroner commitment fees?

Plain-English summary

Mansura asked which local government owed toxicology and other autopsy laboratory fees, and which owed fees for a coroner's commitment. The 2013 opinion gave different answers for the two categories. For autopsy lab costs, the municipality paid when the deceased resided within its boundaries and the parish paid when the person resided outside an incorporated municipality. For commitment fees, the patient or legally responsible relative paid first if financially able. If not, the parish of domicile paid for a resident patient rather than the town.

The opinion reconsidered earlier AG opinions that had assigned some commitment fees to municipalities. It also amended Opinion 11-0031 to include the patient-or-relative-first rule from La. RS. 28:141.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Town finance officials

The AG said Mansura owed autopsy laboratory costs for deceased town residents under the interpretation it adopted. For commitment fees, a financially able patient or legally responsible relative paid first; if unable, the parish of domicile paid for a resident patient rather than the town.

Parish finance officials and coroners

The opinion assigned laboratory costs for residents outside incorporated municipalities to the parish. For a resident patient, the parish of domicile paid commitment fees when the patient or legally responsible relative was financially unable, regardless of the municipal distinction it applied to autopsies.

Common questions

Who paid toxicology costs for a deceased Mansura resident?

The AG said the town bore laboratory fees associated with that resident's autopsy.

Who paid autopsy laboratory costs for someone outside town limits?

The opinion assigned those costs to the parish when the deceased resided outside an incorporated municipality.

Who paid coroner commitment fees?

The AG said the patient or legally responsible relative paid first if financially able. For a resident patient unable to pay, the parish of domicile rather than Mansura was responsible.

Background and statutory framework

La. R.S. 13:5706 addressed coroner expenses including autopsy laboratory tests. The AG distinguished those costs from commitment fees. It read La. RS. 28:141 to place first responsibility on a financially able patient or legally responsible relative, and La. RS. 28:53(G)(6) to assign the fee to the parish of domicile for a resident patient when they could not pay.

Citations

• La. R.S. 13:5706: autopsy laboratory expense rule and other coroner fees.
• La. RS. 28:53(G)(6): parish payment of commitment fees.
• La. RS. 28:141: patient or legally responsible relative pays first if financially able.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0127

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

~tate of ~oui6iana
DEPARTMENT Of JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. HBUDDY" CALDWElL
70804-9005
ATIORNEY GENERAL

SEP 242013
OPINION 13-0127
13 CORONERS

Hon. Kenneth Pickett, Sr.
La. R.S. 13:5706;28:53;28:141; 28:147
La. Ally. Gen. oe. No•. 8G-1538, 96-383. 99-381. 05-0220. 09-0144, 09-0312,
Mayor, Town of Mansura
11-0031
P.O. Box 157
When a deceased resides within the geographic limits or an incorporated
Mansura, LA 71350
municipaljty, the municipaltty must bear the costs of laboratory fees associated
with that person's autopsy. However, when an individual resides outside 01 the geographic limits of an incorporated municipality. the parish must bear the costs of laboratory fees associated with that person's autopsy. In contrast, the parish
Dear Mayor Pickett: alone is responsible for the fees associated with a coroner's commitment.

You have requested an opinion from this office regarding the proper assessment of certain fees charged to the Town of Mansura ("Town") related to coroners' inquiries into causes of death, as well as commitment fees. Specifically, you note that the Avoyelles Parish Police Jury ("Police Jury") has assessed fees for toxicology reports and coroners' commitments. You have also asked that we review and reconsider an opinion issued by this office - La. Atty. Gen. Op. No. 11-0031 - as you believe that it conflicts with earlier opinions and the law. Your specific questions are presented and answered below.

Is the Town of Mansura responsible for reimbursing the Police Jury for the costs of toxicology reports for individuals who die in Mansura?

Pursuant to La. R.S. 13:5706(A}(1}(c}, coroners are entitled to reimbursement for "the costs of any laboratory tests actually incurred" during the performance of an autopsy. In contrast to the reimbursement issues discussed below, this provision does require, in certain situations, reimbursement for such expenses from the municipality. This law, however, provides no direct guidance regarding when such costs are to be borne by a parish and when by a municipality. However, a review of previous opinions of this office that considered fee obligations under this statutory provision are instructive in this regard.

In La. Atty. Gen. Op. No. 09-0144, we examined another portion of La. R.S. 13:5706 with similar language to determine which entity must bear the costs of the burial of paupers.' In that opinion, we reasoned that:

As to the question of which entity, the parish or the municipality of death, is responsible for the costs of the burial of paupers, it is the opinion of this

1 La. R.S. 13:5706 is a redesignation of La. R.S. 33:1556, the latter of which is referred to in the earlier opinions noted here.

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Opinion 13-0127
Hon. Kenneth Pickett, Sr.
Page 2

Office that it is reasonable to interpret La. RS. 33:1565 thus: for those who have died within the legal geographic limits of an incorporated municipality, it is the municipality's responsibility to bear the costs of the burial of the remains. For those who have died outside of the legal geographic limits of any incorporated municipality, it is the parish's responsibility to bear the costs of the burial of the remains. See also, La.
Atty. Gen. Op. No. 80-1536.

A similar conclusion, though without the benefit of an analysis, was reached as to expenses similar to those raised by your questions in La. Atty. Gen. Op. No. 09-0312. Thus, based on our previous reviews of similar language in the same statute as the one that is the subject of your request, we are of the opinion that, when a deceased resides within the geographic limits of an incorporated municipality, the municipality must bear the costs of laboratory fees associated with that person's autopsy. However, when an individual resides outside of the geographic limits of an incorporated municipality, the parish must bear the costs of laboratory fees associated with that person's autopsy. Thus, the Town will be responsible for the costs of toxicology reports for deceased individuals that reside within the geographic limits of the Town.

Is the Town of Mansura responsible for reimbursing the Police Jury for the costs of coroners' commitment fees?

Similar questions to this one have been asked of this office in the past. Particularly, La. Atty. Gen. Op. Nos. 96-383, 99-381, and 05-0220 have examined similar issues. What we have identified from reviewing these opinions is that two of these opinions found that municipalities are responsible for coroners' commitment fees when the committed person resides in an incorporated municipality and that parishes are responsible when the committed person resides outside of an incorporated municipality, and one of these opinions found the parish alone to be responsible for such fees. 2 Our analysis of the applicable law supports the latter conclusion.

The obligations for the payment of coroners' fees for commitments are located in three places in the Revised Statutes. Louisiana Revised Statute 13:5706(8)(3), La. RS. 28:53(G)(6), and La. RS. 28:141 are consistent with one another in requiring the parish to pay the coroners' fees for commitments. However, apparently relying on other portions of La. RS. 13:5706, La. Atty. Gen. Op. Nos. 99-381 and 05-0220 have concluded that for individuals residing in an incorporated municipality, it is the municipality's obligation to pay the commitment fees and for those residing in unincorporated portions of a parish, it is the parish's obligation to pay the commitment fees.

2 Both La. A~. Gen. Op. Nos. 99-381 and 05-0220 contain conclusions dividing the fee responsibilities between municipalities and parishes, whereas La. A~. Gen. Op. No. 96-383 recognizes that the parishes are solely responsible for the payment of such fees.

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Opinion 13-0127
Hon. Kenneth Pickett, Sr.
Page 3

Louisiana Revised Statute 28:53(G)(6) specifically provides for commitment fees to be paid to the coroner by the parish governing authority thusly (emphasis added):

When a person is confined in a treatment facility other than a state mental institution, the examining coroner in the parish where the patient is confined shall be entitled to the usual fee paid for this service to the coroner of the parish in which the patient is domiciled or residing. When a person is confined in a state mental institution in a parish other than his parish of domicile or residence, the examining coroner shall be entitled to the fee authorized by law in his parish for the service. In either case, the fee shall be paid and accurate records of such payments kept by the governing authority of the parish in which the patient is domiciled or residing from parish funds designated for the purpose of payment to the coroner.

Louisiana Revised Statute 13:5706 contains similar language for commitment matters. In La. RS. 13:5706(8)(3), states that (emphasis added):

The parish shall pay the fees for all mental or physical examinations or investigations, commitments, interdictions, court attendance, or testimony and a just fee or remuneration for attending parish prisoners.

As with La. RS. 28:53(G), La. RS. 13:5706(8)(3) squarely places the obligation to pay commitment fees with the parish and not with a municipality. However, La. RS. 13:5706(A)(3) states that (emphasis added):

The coroner shall receive a reasonable fee or compensation, as agreed to by the coroner and the governing authority of the parish or municipality, for any physical or mental examination or investigation when requested by the district attomey, any judge, sheriff, chief of police, or by any responsible citizen or resident when acting in good faith in an emergency and in the furtherance of the public good and safety.

Although this provision, which provides for reimbursement to the coroner for mental or physical examinations, seems to conflict with both La. RS. 13:5706(8)(3) and La. RS. 28:53(G)(6), we are of the opinion that such is not the case. This provision does not contemplate commitments. Thus, with the explicit language present in La. RS. 13:5706(8)(3) and La. RS. 28:53(G)(6) as to the responsibility of parishes to reimburse the fees for commitments, it is our opinion that these two specific laws control and that such costs are not to be borne by municipalitles.f To the extent that the earlier opinions of this office have suggested that municipalities are responsible for a coroner's commitment fees, we hereby repudiate those conclusions.

'See also La. R.S. 28:141, infra.

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Opinion 13-0127
Hon. Kenneth Pickett, Sr.
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Does La. Atty. Gen. Op. No. 11-0031 conflict with earlier Attorney General's Opinions or the law?

A review of La. Atty. Gen. Op. No. 11-0031 indicates that it is not an incorrect read of the law, it is simply incomplete. In La. Atty. Gen. Op. No. 11-0031, we stated that the commitment fees incurred by a coroner must be borne by the "... governing authority of the parish in which the patient is domiciled or residing from parish funds... ,,4 This answer is not incorrect. However it is not complete, as it does not consider the possibility that the government, in any capacity, may not have to bear the costs of the commitment fee. In this regard, La. RS. 28:141 states, in pertinent part, that,

If financially able, the patient or his legally responsible relative shall pay the costs of commitment, including examination fees, expenses incurred in calling witnesses, fees of counsel for the patient, and fees of the commission, otherwise the parish of domicile in the case of a resident or the division in the case of a non-resident shall pay these costs.

Thus, the first responsibility for the coroners' commitment fee is to be borne by "the patient or his legally responsible relative" and not by the parish governing authority. Inasmuch as this requirement was missed in La. Atty. Gen. Op. No. 11-0031, we here amend that opinion by noting this requirement. However, in the event that "the patient or his legally responsible relative" is "financially [unlable" to pay the commitment fee, then La. RS. 13:5706 and La. RS. 28:53, apply and it is the responsibility of the parish governing authority "in which the patient is domiciled or residing from parish funds" to pay the commitment fees. 5 It is our opinion that, in this event, consistent with La. Atty. Gen. Op. No. 11-0031, such costs must be borne by the parish and not by the Town.

We hope this sufficiently answers your inquiry; however, if we may be of further assistance please do not hesitate to contact our office.

Sincerely yours,

JDC/RMSltp

• La. R.S. 28:53(G)(6) (in pertinent part).
• It is important to note that this provision also refers to "the division" as the responsible party for paying for the coroners' commitment fees of non-residents. Although not defined in the law, the editor's comments to La. R.S. 28:147 suggest that "division" is intended to refer to the "Division of Hospitals" within the Louisiana Department of Health and Hospitals ("DHH"). This latter law provides DHH with special authority for recouping such costs from the patient or the patient's responsible parties.