Chapter 416

 

      416.350

(formerly 414.105)

 

NOTES OF DECISIONS

 

      For purposes of recovering from estate of medical assistance recipient, life estate is valued immediately prior to death regardless of when life estate was created. State Department of Human Services v. Willingham, 206 Or App 156, 136 P3d 66 (2006)

 

      416.400 to 416.470

 

NOTES OF DECISIONS

 

      DHR could not require custodial parent to reimburse for public assistance provided minor child where child left parent’s home without permission and without cause. Department of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

 

LAW REVIEW CITATIONS: 69 OLR 692 (1990)

 

      416.422

 

NOTES OF DECISIONS

 

      Prohibition on collection of “past support” for period before October 1995 does not bar recovery of support qualifying as state debt prior to 1995 amendment. State ex rel Department of Human Resources v. Lewelling, 156 Or App 7, 964 P2d 1104 (1998)

 

      416.430

 

NOTES OF DECISIONS

 

      DNA testing to establish paternity does not violate state or federal constitutional guarantees against unreasonable search and seizure. Department of Justice v. Spring, 201 Or App 367, 120 P3d 1 (2005), Sup Ct review denied

 

      416.440

 

NOTES OF DECISIONS

 

      Clerk is required to enter administrative order upon receipt of administrative order and other listed documents, regardless of whether administrative order will require court review to become effective. Wessels and Wessels, 214 Or App 545, 166 P3d 576 (2007)

 

ATTY. GEN. OPINIONS: Acquisition of judgment debtor’s interest in mutual fund to recover moneys owed state, (1994) Vol 47, p 173

 

      416.510 to 416.610

 

ATTY. GEN. OPINIONS: Prior right of Motor Vehicles Accident Fund or Adult and Family Services Division to reimbursement for costs of medical services provided indigent, (1980) Vol 41, p 257

 

      416.540

 

NOTES OF DECISIONS

 

      Where assistance grants were made to children, settlements due parents were subject to lien because “recipient” refers to family unit rather than individuals. Christensen v. AFSD, 122 Or App 71, 857 P2d 162 (1993)

 

      Recovery against settlement of personal injury claim is prohibited except to extent that settling party’s legal liability is related to need for Medicaid-funded treatment. AFSD v. Northland Ins. Co., 139 Or App 92, 911 P2d 942 (1996), Sup Ct review denied

 

      Recipient of settlement for personal injury allegedly related to need for treatment may not assert lack of causation as defense against lien. AFSD v. Northland Ins. Co., 139 Or App 92, 911 P2d 942 (1996), Sup Ct review denied

 

      Medical, surgical and hospital expenses are “incurred” by recipient only to extent that recipient has paid or is legally obligated to pay expenses at time of settlement. King v. Adult and Family Services Division, 142 Or App 444, 921 P2d 1326 (1996)

 

      416.610

 

NOTES OF DECISIONS

 

      Duty of parents to support children continues after children are committed to secure custody of juvenile authorities. Van Daam v. Hegstrom, 88 Or App 40, 744 P2d 269 (1987), Sup Ct review denied