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

 

      See annotations under ORS 25.515.

 

      416.430

 

      See annotations under ORS 25.550.

 

      416.440

 

      See annotations under ORS 25.529.

 

      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