City of Revere v. Massachusetts Gen. Hosp

In City of Revere v. Massachusetts Gen. Hosp., 463 U.S. 239, 103 S.Ct. 2979, 77 L.Ed.2d 605 (1983), the Supreme Court considered whether a government's duty, under the Due Process Clause of the fourteenth amendment, to provide necessary medical care to injured pretrial detainees includes a corresponding duty to compensate the provider of that care. Noting that it "need not define ... the government's due process obligation to pretrial detainees or to other persons in its care who require medical attention," id. at 244, 103 S.Ct. at 2983, the Court concluded that the question of costs "is not a federal constitutional question." Id. at 245-46, 103 S.Ct. at 2984. As long as the governmental entity ensures that the medical care needed is in fact provided, the Constitution does not dictate how the cost of that care should be allocated as between the entity and the provider of the care. That is a matter of state law. If of course, the governmental entity can obtain the medical care needed for a detainee only by paying for it, then it must pay. Id. at 245, 103 S.Ct. at 2983.