Chapter 416 — Chapter 416

ORS 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]

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ORS 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]

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ORS 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]

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ORS 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]

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

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ORS 416.445 [1979 c.421 §10; 1985 c.610 §4; 1989 c.726 §8; 1991 c.362 §4; 1991 c.519 §7; repealed by 1993 c.798 §21]

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ORS 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]

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

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ORS 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]

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

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

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ORS 416.470 [1979 c.421 §16; 1985 c.671 §41; 1989 c.566 §5; 2003 c.116 §15; repealed by 2005 c.560 §17]

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

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

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

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ORS 416.510 Definitions for ORS 416.510 to 416.610. As used in ORS 416.510 to 416.610, unless the context requires otherwise

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 416.560 Form of notice of lien. The form of the notice required by ORS 416.550 (1) shall be substantially as follows

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ORS 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]

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ORS 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

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ORS 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

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ORS 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]

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ORS 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]

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ORS 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]

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ORS 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]

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ORS 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]

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ORS 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]

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