Except as otherwise provided by ORS 411.708, the estate of every deceased person who received aid from the state or any county or whose burial expenses have been paid by the state or any county, other than aid received pursuant to ORS 412.006, 444.120 or 444.220, is liable for the actual cost of such aid so rendered or the actual expenses of such burial. The…

416.320 Manner of approval and payment of county claims against estate

All claims of the type mentioned in ORS 416.310 shall be itemized and verified by the county clerk and presented by the county clerk to the administrator or executor of the estate; except that the claims shall be verified by the county accountant in counties having a county accountant authorized by ORS chapter 210. The claims shall be approved and paid by th…

416.330 [Formerly 411.500; repealed by 1983 c.537 §7]

416.340 Collection of claim against estate of deceased; waiver of claim

With respect to any claim against the estate of a deceased person, the Department of Human Services and the Oregon Health Authority may: Secure payment of the claim in whole or in part by the acceptance of assignments, conveyances, notes, mortgages and other transfers of property or interests therein. Waive the claim to the extent that the department or th…

416.350 Recovery of medical assistance; estate claims; transfer of assets

The Department of Human Services or the Oregon Health Authority may recover from any person the amounts of medical assistance the department or the authority incorrectly paid to or on behalf of the person. Except as prohibited by ORS 178.380, medical assistance pursuant to ORS chapter 414 paid to or on behalf of an individual who was 55 years of age or olde…

416.351 Possible limitation on recovery of certain medical assistance; federal law

Subject to the requirements of subsection (2) of this section, if 42 U.S.C. 1396p (b)(1)(B) as in effect on January 1, 1995, is repealed without replacement or is declared unconstitutional, the Director of the Oregon Health Authority shall limit the recovery of medical assistance paid pursuant to ORS chapter 414 from the estate of an individual or a recipien…

416.400 [1979 c.421 §1; 1985 c.567 §1; 1985 c.671 §30; 1987 c.161 §1; 1989 c.519 §3; 1989 c.812 §11; 1995 c.343 §43; 1995 c.422 §131v; 1995 c.514 §8; 1997 c.704 §59; 1999 c.735 §20; 2001 c.455 §21; 2003 c.73 §61; 2003 c.576 §443; 2007 c.643 §1; 2017 c.651 §7; 2019 c.13 §43; renumbered 25.501 in 2019]

416.405 [1979 c.421 §2; 1985 c.671 §31; renumbered 25.502 in 2019]

416.407 [1993 c.596 §31; 1999 c.836 §2; 2005 c.560 §9; 2019 c.13 §44; renumbered 25.503 in 2019]

416.410 [1979 c.421 §3; 1985 c.671 §32; 1991 c.520 §4; repealed by 1995 c.514 §14]

416.415 [1979 c.421 §4; 1985 c.671 §33; 1989 c.566 §1; 1989 c.811 §7; 1993 c.596 §32; 1995 c.514 §9; 1997 c.704 §62; 2003 c.73 §62; 2003 c.116 §12; 2005 c.560 §10; 2009 c.80 §6; 2011 c.318 §3; 2015 c.298 §97; renumbered 25.511 in 2019]

416.416 [2009 c.353 §2; renumbered 25.525 in 2019]

416.417 [1985 c.610 §8; 1989 c.519 §4; 1995 c.422 §131w; 1999 c.213 §3; 2005 c.560 §11; renumbered 25.517 in 2019]

416.419 [1995 c.608 §15; 1997 c.704 §45; 1999 c.680 §4; 2005 c.560 §12; 2015 c.298 §98; renumbered 25.507 in 2019]

416.420 [1979 c.421 §8; repealed by 1989 c.811 §10]

416.422 [1995 c.514 §16; 2003 c.146 §9; 2003 c.576 §207; 2007 c.71 §106; renumbered 25.515 in 2019]

416.425 [1979 c.421 §5; 1985 c.671 §37; 1989 c.566 §2; 1991 c.519 §4; 1993 c.596 §33; 1995 c.609 §1; 1999 c.127 §1; 1999 c.836 §1; 2003 c.75 §88; 2003 c.116 §13; 2003 c.419 §4; 2003 c.572 §16b; 2003 c.576 §208a; 2005 c.560 §13; 2009 c.80 §8; 2013 c.183 §1; 2013 c.184 §1; 2015 c.298 §99; 2017 c.464 §3; renumbered 25.527 in 2019]

416.427 [1985 c.671 §35; 1989 c.566 §3; 1989 c.980 §13a; 1993 c.596 §34; 1995 c.608 §6; 1999 c.849 §§78,79; 2003 c.75 §34; 2003 c.576 §§209,210; 2005 c.560 §14; 2009 c.353 §3; renumbered 25.513 in 2019]

416.429 [1985 c.671 §36; 1991 c.520 §1; 1993 c.596 §35; 1995 c.608 §18; 1999 c.93 §1; 1999 c.735 §21; 2003 c.576 §211; 2011 c.318 §4; 2019 c.291 §14; renumbered 25.540 in 2019]

416.430 [1979 c.431 §7; 1983 c.709 §44; 1985 c.671 §38; 1989 c.566 §6; 1991 c.484 §2; 1993 c.596 §36; 1995 c.514 §13; 1995 c.609 §2; 1999 c.80 §28; 2009 c.595 §345; 2013 c.366 §73; renumbered 25.550 in 2019]

416.435 [1979 c.421 §6; 1985 c.671 §39; 1989 c.811 §8; 1991 c.519 §5; 1995 c.514 §10; 2003 c.572 §17; renumbered 25.552 in 2019]

416.440 [1979 c.421 §9; 1983 c.696 §20; 1985 c.671 §39a; 1989 c.566 §4; 1989 c.768 §§10,13; 1991 c.519 §6; 1995 c.608 §7; 2003 c.75 §89; 2003 c.116 §14; 2003 c.576 §212; 2005 c.568 §30; 2007 c.339 §14; 2009 c.484 §11; 2013 c.183 §2; 2015 c.298 §100; 2019 c.13 §45; renumbered 25.529 in 2019]

416.443 [1995 c.608 §43; 1999 c.735 §22; 2003 c.576 §213; 2007 c.454 §7; renumbered 25.554 in 2019]

416.445 [1979 c.421 §10; 1985 c.610 §4; 1989 c.726 §8; 1991 c.362 §4; 1991 c.519 §7; repealed by 1993 c.798 §21]

416.448 [2003 c.146 §5; 2005 c.22 §287; 2005 c.83 §3; 2009 c.351 §9; 2011 c.318 §16; 2013 c.183 §3; 2017 c.252 §5; renumbered 25.531 in 2019]

416.450 [1979 c.421 §11; 1995 c.514 §11; renumbered 25.542 in 2019]

416.455 [1979 c.421 §12; 1985 c.671 §40; 1993 c.18 §101; 2003 c.73 §63a; 2003 c.75 §90; renumbered 25.505 in 2019]

416.460 [1979 c.421 §13; renumbered 25.556 in 2019]

416.465 [1979 c.421 §15; renumbered 25.533 in 2019]

416.470 [1979 c.421 §16; 1985 c.671 §41; 1989 c.566 §5; 2003 c.116 §15; repealed by 2005 c.560 §17]

416.480 [1995 c.422 §131s; 2001 c.455 §22; renumbered 25.575 in 2019]

416.483 [1995 c.422 §131t; 1999 c.213 §1; 2007 c.71 §107; renumbered 25.576 in 2019]

416.486 [1995 c.422 §131u; 1999 c.213 §2; 2003 c.73 §64; renumbered 25.577 in 2019]

LIEN ON RECIPIENT’S CLAIM FOR DAMAGES FOR PERSONAL INJURIES

416.510 Definitions for ORS 416.510 to 416.610

As used in ORS 416.510 to 416.610, unless the context requires otherwise: “Action” means an action, suit or proceeding. “Alternative payment methodology” has the meaning given that term in ORS 414.025. “Applicant” means an applicant for assistance. “Assistance” means moneys paid by the Department of Human Services to persons directly and moneys paid by t…

416.520 Claim for damages for personal injuries not grounds for denying assistance

If any applicant or recipient has a claim for damages for personal injuries, the existence of such claim or any action to enforce such claim shall not be grounds for denying or discontinuing assistance to such applicant or recipient.

416.530 Notice of claim to department, authority or coordinated care organization

If any applicant or recipient makes a claim or, without making a claim, begins an action to enforce such claim, the applicant or recipient, or the attorney for the applicant or the recipient, shall immediately notify the Department of Human Services or the Oregon Health Authority and the recipient’s coordinated care organization, if the recipient is receivin…

416.540 Lien of department and authority; assignment of lien to prepaid managed care health services organization or coordinated care organization

Except as provided in subsection (2) of this section and in ORS 416.590, the Department of Human Services and the Oregon Health Authority shall have a lien upon the amount of any judgment in favor of a recipient or amount payable to the recipient under a settlement or compromise for all assistance received by such recipient from the date of the injury of the…

416.550 Procedure to perfect lien

Upon receiving notice under ORS 416.530, to perfect its lien the Department of Human Services or the Oregon Health Authority shall: File a notice of lien, substantially in the form prescribed in ORS 416.560, with the recording officer of the county in which the person against whom claim is made or action is brought resides. If the claim or action is against…

416.560 Form of notice of lien

The form of the notice required by ORS 416.550 (1) shall be substantially as follows: ______________________________________________________________________________ Notice is hereby given that the ________ has rendered assistance to ____________, a person who was injured on or about the ___ day of ______ in the city of ______ and State of ______, and the _…

416.570 Notice required when judgment rendered or claim settled; statement by department or authority of amount of lien

Immediately after a judgment has been rendered in favor of a recipient or a settlement or compromise has been agreed upon, the person or public body, agency or commission bound by such judgment, settlement or compromise shall notify the Department of Human Services or the Oregon Health Authority. After such notification the department or the authority shall …

416.580 Payment in satisfaction of lien

After a notice of lien is filed in the manner provided in ORS 416.550 (2), any person or public body, agency or commission who makes any payment to the injured recipient, the heirs, personal representatives or assigns of the recipient, or their attorneys, under a judgment, settlement or compromise without previously having paid to the Department of Human Ser…

416.590 Procedure when recipient is minor

If the recipient is a minor, after the date on which a judgment in favor of the recipient is rendered or settlement or compromise is agreed upon, the guardian of the minor or the conservator of the estate of the minor shall petition the court having probate jurisdiction in the county in which the guardian or conservator was appointed to determine the sum tha…

416.600 Release of portion of lien in certain cases

When the Department of Human Services or the Oregon Health Authority determines that a recipient will incur additional medical, surgical or hospital expenses or that additional assistance will have to be given to the recipient after the date of satisfaction of judgment or payment under a settlement or compromise, the department or the authority may release a…

416.610 Action against recipient who fails to provide notice of claim

The Department of Human Services, the Oregon Health Authority or the recipient’s coordinated care organization, if the recipient is receiving services from the organization, shall have a cause of action against any recipient who fails to give the notification required by ORS 416.530 for amounts received by the recipient pursuant to a judgment, settlement or …

416.810 Disposition of public assistance recovered

All sums of money recovered by or paid to the Department of Human Services as reimbursement for funds granted for public assistance shall be paid into the State Treasury and credited to the Public Welfare Account and may be expended for public assistance purposes in accordance with ORS 411.060 to 411.095 and 411.710 to 411.730. However, the United States Gov…

416.820 Acceptance and disbursement of gifts for support of certain persons

The Department of Human Services may accept funds, money or other valuable things from relatives, corporations or interested persons or organizations for the care and support of needy persons and may expend the same for the care and support of the individual or individuals for whom the money was paid. Funds accruing thereunder shall be deposited with the Sta…

416.830 Acceptance and disbursement of gifts for public assistance

The Department of Human Services may accept from persons, corporations and organizations contributions or gifts in cash or otherwise that shall be disbursed in the same manner as moneys appropriated for public assistance purposes, unless the donor of a gift stipulates a different manner in which a gift shall be expended. Moneys received under this section sh…

416.990 Penalties

Any person who makes, renders, signs or verifies any false or fraudulent statement, or supplies any false or fraudulent information with intent to evade any lawful requirement of the Department of Human Services or the Oregon Health Authority is guilty of a misdemeanor. _______________