Chapter 416 — Recovery and Reimbursement of Aid

 

2019 EDITION

 

 

RECOVERY AND REIMBURSEMENT OF AID

 

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

 

RECOVERY FROM ESTATES

 

416.310     Estate of deceased person liable for aid received; relatives not relieved from obligation of support

 

416.320     Manner of approval and payment of county claims against estate

 

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

 

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

 

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

 

LIEN ON RECIPIENT’S CLAIM FOR DAMAGES FOR PERSONAL INJURIES

 

416.510     Definitions for ORS 416.510 to 416.610

 

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

 

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

 

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

 

416.550     Procedure to perfect lien

 

416.560     Form of notice of lien

 

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

 

416.580     Payment in satisfaction of lien

 

416.590     Procedure when recipient is minor

 

416.600     Release of portion of lien in certain cases

 

416.610     Action against recipient who fails to provide notice of claim

 

416.810     Disposition of public assistance recovered

 

DEPOSIT AND DISBURSEMENT OF CONTRIBUTIONS RECEIVED FOR CARE AND SUPPORT OF NEEDY INDIVIDUALS

 

416.820     Acceptance and disbursement of gifts for support of certain persons

 

416.830     Acceptance and disbursement of gifts for public assistance

 

PENALTIES

 

416.990     Penalties

 

      416.010 [1961 c.605 §2; 1969 c.597 §250; 1971 c.407 §1; 1995 c.79 §210; repealed by 2001 c.900 §261]

 

      416.020 [Formerly 411.410; 1971 c.480 §3; 1971 c.779 §49; repealed by 2001 c.900 §261]

 

      416.030 [Formerly 411.420; 1967 c.549 §7; 1971 c.125 §1; 1971 c.750 §5; 1999 c.59 §108; repealed by 2001 c.900 §261]

 

      416.035 [1971 c.750 §2; repealed by 2001 c.900 §261]

 

      416.040 [1961 c.605 §6; subsection (4) enacted as 1963 c.499 §8; repealed by 2001 c.900 §261]

 

      416.050 [1961 c.605 §7; repealed by 2001 c.900 §261]

 

      416.055 [1971 c.480 §2; repealed by 2001 c.900 §261]

 

      416.060 [Formerly 411.425; repealed by 1971 c.651 §1 (416.061 enacted in lieu of 416.060)]

 

      416.061 [1971 c.651 §2 (enacted in lieu of 416.060); repealed by 2001 c.900 §261]

 

      416.070 [1961 c.605 §16; repealed by 2001 c.900 §261]

 

      416.080 [Formerly 411.440 and then 411.428; repealed by 2001 c.900 §261]

 

      416.090 [Formerly 411.450 and then 411.434; repealed by 2001 c.900 §261]

 

      416.100 [Formerly 411.460 and then 411.438; repealed by 2001 c.900 §261]

 

      416.110 [Formerly 411.441; 1979 c.562 §14; 1983 c.740 §141; repealed by 2001 c.900 §261]

 

      416.120 [Formerly 411.442; subsection (4) enacted as 1961 c.605 §15; 1971 c.734 §46; 1999 c.849 §§75,76; repealed by 2001 c.900 §261]

 

      416.130 [Formerly 411.444; repealed by 2001 c.900 §261]

 

      416.140 [Formerly 411.446; repealed by 1971 c.734 §21]

 

      416.145 [1971 c.734 §48; repealed by 2001 c.900 §261]

 

      416.150 [1961 c.605 §13; repealed by 1971 c.734 §21]

 

      416.160 [1961 c.605 §14; repealed by 1971 c.734 §21]

 

      416.170 [Formerly 411.448; 1975 c.146 §5; 1983 c.696 §19; repealed by 2001 c.900 §261]

 

      416.180 [Formerly 411.452; 1993 c.223 §10; repealed by 2001 c.900 §261]

 

      416.190 [Formerly 411.454; repealed by 2001 c.900 §261]

 

      416.200 [Formerly 411.456; repealed by 2001 c.900 §261]

 

      416.210 [Formerly 411.458; repealed by 2001 c.900 §261]

 

      416.220 [1961 c.605 §19; 1971 c.779 §50; repealed by 2001 c.900 §261]

 

      416.230 [Formerly 411.462; 1971 c.407 §2; repealed by 1979 c.690 §19]

 

      416.240 [Formerly 411.464; repealed by 2001 c.900 §261]

 

      416.250 [Formerly 411.466; repealed by 2001 c.900 §261]

 

      416.260 [Formerly 411.470; 1969 c.45 §2; 1971 c.418 §13; repealed by 2001 c.900 §261]

 

      416.270 [Formerly 411.474; repealed by 2001 c.900 §261]

 

      416.280 [Formerly part of 414.105; repealed by 2001 c.900 §261]

 

RECOVERY FROM ESTATES

 

      416.310 Estate of deceased person liable for aid received; relatives not relieved from obligation of support. (1) 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 state or the county shall have a just and valid claim against such estate therefor.

      (2) Nothing in this section relieves the parents, children, brothers or sisters of any needy person from their obligation to support such person, or prevents the county court from recovering for such support.

      (3) Nothing in this section authorizes the recovery of the amount of any aid from the estate or surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient. [Formerly 411.480; 1985 c.522 §5; 1993 c.249 §6; 2005 c.381 §25]

 

      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 the administrator or executor in the manner and in the order of preference provided by law for approval and payment of claims and charges against estates of deceased persons. [Formerly 411.490; 1983 c.310 §19]

 

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

 

      416.340 Collection of claim against estate of deceased; waiver of claim. (1) With respect to any claim against the estate of a deceased person, the Department of Human Services and the Oregon Health Authority may:

      (a) 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.

      (b) Waive the claim to the extent that the department or the authority finds that enforcement would tend to defeat the purpose of the public assistance or medical assistance laws.

      (2) To the extent that the need for aid resulted from a crime committed against the recipient, a claim for recovery of the amount of such aid defeats the purpose of the public assistance or medical assistance laws. [1963 c.114 §2; 1985 c.522 §6; 2011 c.720 §153; 2013 c.688 §86]

 

      416.350 Recovery of medical assistance; estate claims; transfer of assets. (1) 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.

      (2) 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 older when the individual received the assistance, or paid to or on behalf of a person of any age who was a permanently institutionalized inpatient in a nursing facility, intermediate care facility for persons with intellectual disabilities or other medical institution, may be recovered from the estate of the individual or from any recipient of property or other assets held by the individual at the time of death including the estate of the surviving spouse. Claim for such medical assistance correctly paid to or on behalf of the individual may be established against the estate, but the claim may not be adjusted or recovered until after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under 21 years of age or who is blind or permanently and totally disabled. Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620 (2).

      (3) Nothing in this section authorizes the recovery of the amount of any aid from the estate or surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient.

      (4) In any action or proceeding under this section to recover medical assistance paid, it is the legal burden of the person who receives the property or other assets from a medical assistance recipient to establish the extent and value of the recipient’s legal title or interest in the property or assets in accordance with rules established by the authority.

      (5) Amounts recovered under this section do not include the value of benefits paid to or on behalf of a beneficiary under a policy or certificate of qualified long term care insurance as defined in ORS 743.652, that were disregarded in determining eligibility for or the amount of medical assistance provided to the beneficiary.

      (6) As used in this section:

      (a) “Estate” includes all real and personal property and other assets in which the deceased individual had any legal title or interest at the time of death including assets conveyed to a survivor, heir or assign of the deceased individual through joint tenancy, tenancy in common, survivorship, life estate, living trust or other similar arrangement.

      (b) “Medical assistance” includes the state’s monthly contribution to the federal government to defray the costs of outpatient prescription drug coverage provided to a person who is eligible for Medicare Part D prescription drug coverage and who receives medical assistance. [Formerly 414.105; 2011 c.720 §154; 2013 c.688 §87; 2017 c.367 §5]

 

      416.351 Possible limitation on recovery of certain medical assistance; federal law. (1) 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 recipient of property or other assets held by an individual at the time of death, including a surviving spouse of the individual, to the recovery of medical assistance payments paid on behalf of the individual on or after the date that the individual attained 65 years of age.

      (2) The director shall limit the recovery of medical assistance as described under subsection (1) of this section only if the director determines, after receiving the written opinion of the Attorney General, that the recovery limitation will not violate any federal law in effect on the operative date of the recovery limitation. The director may condition, limit, modify or terminate any recovery limitation as the director considers necessary to avoid a violation of federal law. [Formerly 414.106]

 

      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:

      (1) “Action” means an action, suit or proceeding.

      (2) “Alternative payment methodology” has the meaning given that term in ORS 414.025.

      (3) “Applicant” means an applicant for assistance.

      (4) “Assistance” means moneys paid by the Department of Human Services to persons directly and moneys paid by the Oregon Health Authority or by a prepaid managed care health services organization or a coordinated care organization for services provided under contract pursuant to ORS 414.591 to others for the benefit of such persons.

      (5) “Authority” means the Oregon Health Authority.

      (6) “Claim” means a claim of a recipient of assistance for damages for personal injuries against any person or public body, agency or commission other than the State Accident Insurance Fund Corporation or Workers’ Compensation Board.

      (7) “Compromise” means a compromise between a recipient and any person or public body, agency or commission against whom the recipient has a claim.

      (8) “Coordinated care organization” means an organization that meets the criteria adopted by the authority under ORS 414.572.

      (9) “Judgment” means a judgment in any action or proceeding brought by a recipient to enforce the claim of the recipient.

      (10) “Prepaid managed care health services organization” has the meaning given that term in ORS 414.025.

      (11) “Recipient” means a recipient of assistance.

      (12) “Settlement” means a settlement between a recipient and any person or public body, agency or commission against whom the recipient has a claim. [Formerly 411.552; 1969 c.203 §12; 2001 c.600 §1; 2009 c.595 §346; 2011 c.417 §6; 2011 c.602 §49; 2015 c.792 §8]

 

      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. [Formerly 411.554]

 

      416.530 Notice of claim to department, authority or coordinated care organization. (1) 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 receiving services from the organization. If an applicant or recipient, or the attorney for the applicant or the recipient, has given notice that the applicant or recipient has made a claim, it shall not be necessary for the applicant or recipient, or the attorney for the applicant or the recipient, to give notice that the applicant or recipient has begun an action to enforce such claim. The notification shall include the name and address of each person or public body, agency or commission against whom claim is made or action is brought. If claim is made or action is brought against a corporation, the address given in such notification shall be that of its principal place of business. If the applicant or recipient is a minor, the parents, legal guardian or foster parents of the minor shall give the notification required by this section.

      (2) The notification required by subsection (1) of this section shall be provided to:

      (a) The Oregon Health Authority by applicants for or recipients of assistance provided by the authority; and

      (b) The Department of Human Services for assistance provided by the department. [Formerly 411.556; 2001 c.600 §2; 2009 c.595 §347; 2011 c.602 §50]

 

      416.540 Lien of department and authority; assignment of lien to prepaid managed care health services organization or coordinated care organization. (1) 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 recipient to the date of satisfaction of such judgment or payment under such settlement or compromise.

      (2) The lien does not attach to the amount of any judgment, settlement or compromise to the extent of attorney’s fees, costs and expenses incurred by a recipient in securing such judgment, settlement or compromise and to the extent of medical, surgical and hospital expenses incurred by the recipient on account of the personal injuries for which the recipient had a claim.

      (3) The authority may assign the lien described in subsection (1) of this section to a prepaid managed care health services organization or a coordinated care organization for medical costs incurred by a recipient:

      (a) During a period for which the authority paid a capitation or enrollment fee or a payment using a global payment methodology; and

      (b) On account of the personal injury for which the recipient had a claim.

      (4) A prepaid managed care health services organization or a coordinated care organization to which the authority has assigned a lien shall notify the authority no later than 10 days after filing notice of a lien.

      (5) For the purposes of ORS 416.510 to 416.610, the authority may designate the prepaid managed care health services organization or the coordinated care organization to which a lien is assigned as its designee.

      (6) If the authority and a prepaid managed care health services organization or a coordinated care organization both have filed a lien, the authority’s lien shall be satisfied first. [Formerly 411.558; 2001 c.600 §4; 2009 c.595 §348; 2011 c.602 §51; 2012 c.8 §27]

 

      416.550 Procedure to perfect lien. (1) Upon receiving notice under ORS 416.530, to perfect its lien the Department of Human Services or the Oregon Health Authority shall:

      (a) 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 a corporation, the notice of lien shall be filed with the recording officer of the county within the state in which such corporation has its principal place of business. If the claim or action is against a public body, agency or commission, the notice of lien shall be filed with the recording officer of the county in which the public body, agency or commission has its main offices; and

      (b) Prior to the date of satisfaction of the judgment or payment under the settlement or compromise, send a certified copy of the notice of lien by registered mail or by certified mail with return receipt to each person or public body, agency or commission against whom claim is made or action is brought by the recipient.

      (2) Upon the filing of a notice of lien by the department or the authority, the recording officer shall enter the name of the injured person, the approximate date of the injury and the name of the department or the authority as lienor in the lien docket provided for in ORS 87.575 and shall make an index thereto in the names of the injured persons and the department or the authority. [Formerly 411.560; 1991 c.249 §33; 2001 c.600 §5; 2009 c.595 §349; 2014 c.45 §40]

 

      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 ________ hereby asserts a lien to the extent provided in ORS 416.510 to 416.610, for the amount of such assistance upon any amount due and owing ________ (name of injured person) under a judgment, settlement or compromise from ______ alleged to have caused such injuries and from any other person or public body, agency or commission liable for the injury or obligated to compensate the injured person on account of such injuries.

 

Department of Human Services/Oregon Health Authority

 

by ____________,

Director of ________ or designee.

 

 

State of Oregon,          )

                                    )           ss.

County of ______       )

 

      I, ____________, being first duly sworn on oath say: That I am the Director of ________ or designee; that I have read the foregoing notice of lien and know the contents thereof and believe the same to be true.

 ____________

      Subscribed and sworn to before me this ___ day of ______, ______. ____________, Notary Public.

______________________________________________________________________________ [Formerly 411.562; 1969 c.597 §251; 2001 c.600 §6; 2009 c.595 §350]

 

      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 send a statement of the amount of its lien to such person or public body, agency or commission by registered mail or by certified mail with return receipt. [Formerly 411.564; 1991 c.249 §34; 2001 c.600 §7; 2009 c.595 §351]

 

      416.580 Payment in satisfaction of lien. (1) 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 Services or the Oregon Health Authority the amount of its lien, shall be liable to the State of Oregon, for the use and benefit of the department or the authority for a period of 180 days after the date of such payment for the amount of such payment to the extent that the lien attached thereto under ORS 416.540.

      (2) Any amount paid to the department or the authority in satisfaction of its lien shall be distributed by the department or the authority to the United States Government and the Public Welfare Account, as their interests may appear.

      (3) If the recipient is a minor, no payments to the department or the authority in satisfaction of its lien and, except to the extent of the fees, costs and expenses specified in ORS 416.540 (2), no payments to the recipient under a judgment, settlement or compromise shall be made until a hearing has taken place and the court has issued its order under ORS 416.590. [Formerly 411.566; 1969 c.45 §3; 2001 c.600 §8; 2009 c.595 §352]

 

      416.590 Procedure when recipient is minor. (1) 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 that will be needed for the minor’s complete physical rehabilitation. If the guardian or the conservator of the minor’s estate fails to petition the court, any other interested person or public body, agency or commission may file the petition. The lien of the Department of Human Services or the Oregon Health Authority provided for in ORS 416.510 to 416.610 shall not attach to the amount of the judgment, settlement or compromise to the extent of the sum needed for the rehabilitation. Among other data, the petition shall contain the name and address of each person or public body, agency or commission liable to the minor under the judgment, settlement or compromise.

      (2) The court shall conduct a hearing to determine the sum that will be needed by the minor and at least 10 days prior to the date of the hearing, the clerk of the court shall notify the conservator of the minor’s estate, the department or the authority and the person who filed the petition, if the person is someone other than the guardian or the conservator of the minor’s estate, of the date on which the hearing will be held. At the hearing any interested person as well as witnesses for the minor and for the department or the authority may testify on the question before the court. Upon reaching a decision, the court shall issue an order setting forth the decision and the clerk of the court shall enter the order in an appropriate record book. The clerk shall also send a copy of the order to the guardian or the conservator of the minor’s estate, the person who filed the petition if the person is someone other than the guardian or the conservator of the minor’s estate, the department or the authority and to each person or public body, agency or commission liable to the minor under the judgment, settlement or compromise. [Formerly 411.568; 1973 c.823 §131; 2001 c.600 §9; 2009 c.595 §353]

 

      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 any portion of its lien to the extent of such anticipated expenses and assistance. [Formerly 411.570; 2001 c.600 §10; 2009 c.595 §354]

 

      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 compromise to the extent that the department, the authority or the coordinated care organization could have had a lien against such amounts had such notice been given. [Formerly 411.572; 2001 c.600 §3; 2009 c.595 §355; 2011 c.602 §52; 2011 c.720 §155]

 

      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 Government is entitled to a share of any amount received as its interest may appear, which shall be promptly paid to the United States Government. [Formerly 411.510; 1969 c.45 §4; 2003 c.14 §208; 2009 c.11 §58]

 

DEPOSIT AND DISBURSEMENT OF CONTRIBUTIONS RECEIVED FOR CARE AND SUPPORT OF NEEDY INDIVIDUALS

 

      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 State Treasurer in a special account and shall be disbursed in accordance with ORS 411.060 to 411.095 and 411.710 to 411.730. [Formerly 411.520; 1971 c.779 §51; 2009 c.11 §59]

 

      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 shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the department for the purposes specified in this section. [Formerly 411.530; 1971 c.779 §52; 1989 c.966 §47; 2005 c.755 §33]

 

PENALTIES

 

      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. [Formerly part of 411.990; 2001 c.900 §225; 2009 c.595 §356]

_______________