Chapter 428 Nonresident Persons With Mental Illness or Intellectual Disabilities

OBLIGATIONS CONCERNING NONRESIDENT PERSONS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITIES

428.205 Declaration of policy

It is declared to be the policy and intent of the Legislative Assembly that whenever a person physically present in the State of Oregon is in need of institutionalization by reason of mental illness or in need of residential care, treatment or training by reason of an intellectual disability, the person shall be eligible for care and treatment in an institut…

428.210 Definitions for ORS 428.210 to 428.270

As used in ORS 428.210 to 428.270: “Authority” means the Oregon Health Authority. “Department” means the Department of Human Services. “Facility” has the meaning given that term in ORS 427.005. “Foreign hospital” means an institution in any other state that corresponds to a state hospital. “Nonresident” means any person who is not a resident of this sta…

428.220 Determining residence; admission of person whose residence is not established

In determining whether or not any person committed by a court of competent jurisdiction to a state hospital, foreign hospital or facility is a resident of this state: The time spent in a state hospital or foreign hospital or on parole from a state hospital or foreign hospital, or in a facility shall not be counted in determining the residence of such person…

428.230 Return of nonresident patients; admission of eligible persons

Except as provided in ORS 428.205, 428.220 and 428.330, the Department of Human Services and the Oregon Health Authority shall return nonresident patients to any other state in which they may have legal residence. The department may give written authorization for the return to a facility of a resident of Oregon who has been committed by a court of competent…

428.240 Reciprocal agreements for interstate exchange of nonresident patients

For the purpose of facilitating the return of nonresident patients, the Department of Human Services may enter into a reciprocal agreement with any other state for the mutual exchange of persons committed by a court of competent jurisdiction to a facility pursuant to ORS 427.235 to 427.292 or to a foreign hospital, whose legal residence is in the other’s jur…

428.250 Liability for expenses of returning nonresident patients

Except as provided in ORS 428.270, all expenses incurred under ORS 428.230 and 428.240 in returning nonresident patients from this state to any other state shall be paid by this state. All expenses of returning residents of this state shall be borne by the other state making the return.

428.260 Transportation of nonresident patients; payment of expenses

For the purpose of carrying out the provisions of ORS 428.210 to 428.270, the Department of Human Services or the Oregon Health Authority may employ all help necessary in arranging for and transporting nonresident patients. The cost and expense of providing such assistance and all expenses incurred in effecting the transportation of such patients shall be p…

428.270 Liability of persons for care and return of nonresident persons with mental illness

Any person, except an officer, agent or employee of a common carrier acting in the line of duty, who brings or in any way aids in bringing into this state any patient without the written authorization of the Department of Human Services or the Oregon Health Authority, shall be liable to this state for all expenses incurred in the care of such patient and in …

428.310 Execution and termination of compact concerning persons with mental illness or intellectual disability

The Department of Human Services or the Oregon Health Authority may execute and terminate a compact on behalf of the State of Oregon with any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico joining therein, in the form substantially as follows: ________________________________________________…

428.320 Compact administrator; rules; supplementary agreements

When the person who is the subject of the Interstate Compact on Mental Health is being transported to or from a facility, the Department of Human Services shall carry out the duties of compact administrator, may adopt rules to carry out more effectively the terms of the compact, and may enter into supplementary agreements with appropriate officials of other …

428.330 Dealing with state not party to compact

The Department of Human Services or the Oregon Health Authority may comply with the terms of the Interstate Compact on Mental Health in dealing with a state which is not a party of the interstate compact. When the department or the authority acts under subsection (1) of this section, the term “party state,” as used in the Interstate Compact on Mental Health…