416.270 [Formerly411.474; repealed by 2001 c.900 §261]
416.280 [Formerly partof 414.105; repealed by 2001 c.900 §261]
RECOVERYFROM ESTATES
416.310Estate of deceased person liable for aid received; relatives not relieved fromobligation of support. (1) Except as otherwise provided by ORS 411.708,the estate of every deceased person who received aid from the state or anycounty 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 liablefor the actual cost of such aid so rendered or the actual expenses of suchburial. The state or the county shall have a just and valid claim against suchestate therefor.
(2)Nothing in this section relieves the parents, children, brothers or sisters ofany needy person from their obligation to support such person, or prevents thecounty court from recovering for such support.
(3)Nothing in this section authorizes the recovery of the amount of any aid fromthe estate or surviving spouse of a recipient to the extent that the need foraid resulted from a crime committed against the recipient. [Formerly 411.480;1985 c.522 §5; 1993 c.249 §6; 2005 c.381 §25]
416.320Manner of approval and payment of county claims against estate. All claims ofthe type mentioned in ORS 416.310 shall be itemized and verified by the countyclerk and presented by the county clerk to the administrator or executor of theestate; except that the claims shall be verified by the county accountant incounties having a county accountant authorized by ORS chapter 210. The claimsshall be approved and paid by the administrator or executor in the manner andin the order of preference provided by law for approval and payment of claimsand charges against estates of deceased persons. [Formerly 411.490; 1983 c.310 §19]
416.330 [Formerly411.500; repealed by 1983 c.537 §7]
416.340Collection of claim against estate of deceased; waiver of claim. (1) Withrespect to any claim which the Department of Human Services may have againstthe estate of a deceased person, the Department of Human Services may, subjectto such terms as it may prescribe in any such case:
(a)Secure payment of such claim in whole or in part by the acceptance ofassignments, conveyances, notes, mortgages and other transfers of property orinterests therein.
(b)Waive such claim to the extent that the Department of Human Services finds thatthe enforcement thereof would tend to defeat the purpose of the publicassistance laws.
(2)To the extent that the need for aid resulted from a crime committed against therecipient, a claim for recovery of the amount of such aid defeats the purposeof the public assistance laws. [1963 c.114 §2; 1985 c.522 §6]
416.350Recovery of medical assistance; estate claims; transfer of assets; rules. (1) The OregonHealth Authority may recover from any person the amounts of medical assistanceincorrectly paid on behalf of such person.
(2)Medical assistance pursuant to this chapter paid on behalf of an individual whowas 55 years of age or older when the individual received such assistance, orpaid on behalf of a person of any age who was a permanently institutionalizedinpatient in a nursing facility, intermediate care facility for persons withmental retardation or other medical institution, may be recovered from theestate of the individual or from any recipient of property or other assets heldby the individual at the time of death including the estate of the survivingspouse. Claim for such medical assistance correctly paid to the individual maybe established against the estate, but there shall be no adjustment or recoverythereof until after the death of the surviving spouse, if any, and only at atime when the individual has no surviving child who is under 21 years of age orwho is blind or permanently and totally disabled. Transfers of real or personalproperty by recipients of such aid without adequate consideration are voidableand may be set aside under ORS 411.620 (2).
(3)Nothing in this section authorizes the recovery of the amount of any aid fromthe estate or surviving spouse of a recipient to the extent that the need foraid resulted from a crime committed against the recipient.
(4)In any action or proceeding under this section to recover medical assistancepaid, it shall be the legal burden of the person who receives the property orother assets from a Medicaid recipient to establish the extent and value of theMedicaid recipient’s legal title or interest in the property or assets inaccordance with rules established by the authority.
(5)As used in this section, “estate” includes all real and personal property andother assets in which the deceased individual had any legal title or interestat the time of death including assets conveyed to a survivor, heir or assign ofthe deceased individual through joint tenancy, tenancy in common, survivorship,life estate, living trust or other similar arrangement. [Formerly 414.105]
416.351Possible limitation on recovery of certain medical assistance; federal law. (1) Subject tothe 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 oris declared unconstitutional, the Director of the Oregon Health Authority shalllimit the recovery of medical assistance paid pursuant to ORS chapter 414 fromthe estate of an individual or a recipient of property or other assets held byan individual at the time of death, including a surviving spouse of theindividual, to the recovery of medical assistance payments paid on behalf ofthe individual on or after the date that the individual attained 65 years ofage.
(2)The director shall limit the recovery of medical assistance as described undersubsection (1) of this section only if the director determines, after receivingthe written opinion of the Attorney General, that the recovery limitation willnot violate any federal law in effect on the operative date of the recoverylimitation. The director may condition, limit, modify or terminate any recoverylimitation as the director considers necessary to avoid a violation of federallaw.
416.270 [Formerly411.474; repealed by 2001 c.900 §261]
416.280 [Formerly partof 414.105; repealed by 2001 c.900 §261]
RECOVERYFROM ESTATES
416.310Estate of deceased person liable for aid received; relatives not relieved fromobligation of support. (1) Except as otherwise provided by ORS 411.708,the estate of every deceased person who received aid from the state or anycounty 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 liablefor the actual cost of such aid so rendered or the actual expenses of suchburial. The state or the county shall have a just and valid claim against suchestate therefor.
(2)Nothing in this section relieves the parents, children, brothers or sisters ofany needy person from their obligation to support such person, or prevents thecounty court from recovering for such support.
(3)Nothing in this section authorizes the recovery of the amount of any aid fromthe estate or surviving spouse of a recipient to the extent that the need foraid resulted from a crime committed against the recipient. [Formerly 411.480;1985 c.522 §5; 1993 c.249 §6; 2005 c.381 §25]
416.320Manner of approval and payment of county claims against estate. All claims ofthe type mentioned in ORS 416.310 shall be itemized and verified by the countyclerk and presented by the county clerk to the administrator or executor of theestate; except that the claims shall be verified by the county accountant incounties having a county accountant authorized by ORS chapter 210. The claimsshall be approved and paid by the administrator or executor in the manner andin the order of preference provided by law for approval and payment of claimsand charges against estates of deceased persons. [Formerly 411.490; 1983 c.310 §19]
416.330 [Formerly411.500; repealed by 1983 c.537 §7]
416.340Collection of claim against estate of deceased; waiver of claim. (1) Withrespect to any claim which the Department of Human Services may have againstthe estate of a deceased person, the Department of Human Services may, subjectto such terms as it may prescribe in any such case:
(a)Secure payment of such claim in whole or in part by the acceptance ofassignments, conveyances, notes, mortgages and other transfers of property orinterests therein.
(b)Waive such claim to the extent that the Department of Human Services finds thatthe enforcement thereof would tend to defeat the purpose of the publicassistance laws.
(2)To the extent that the need for aid resulted from a crime committed against therecipient, a claim for recovery of the amount of such aid defeats the purposeof the public assistance laws. [1963 c.114 §2; 1985 c.522 §6]
416.350Recovery of medical assistance; estate claims; transfer of assets; rules. (1) The OregonHealth Authority may recover from any person the amounts of medical assistanceincorrectly paid on behalf of such person.
(2)Medical assistance pursuant to this chapter paid on behalf of an individual whowas 55 years of age or older when the individual received such assistance, orpaid on behalf of a person of any age who was a permanently institutionalizedinpatient in a nursing facility, intermediate care facility for persons withmental retardation or other medical institution, may be recovered from theestate of the individual or from any recipient of property or other assets heldby the individual at the time of death including the estate of the survivingspouse. Claim for such medical assistance correctly paid to the individual maybe established against the estate, but there shall be no adjustment or recoverythereof until after the death of the surviving spouse, if any, and only at atime when the individual has no surviving child who is under 21 years of age orwho is blind or permanently and totally disabled. Transfers of real or personalproperty by recipients of such aid without adequate consideration are voidableand may be set aside under ORS 411.620 (2).
(3)Nothing in this section authorizes the recovery of the amount of any aid fromthe estate or surviving spouse of a recipient to the extent that the need foraid resulted from a crime committed against the recipient.
(4)In any action or proceeding under this section to recover medical assistancepaid, it shall be the legal burden of the person who receives the property orother assets from a Medicaid recipient to establish the extent and value of theMedicaid recipient’s legal title or interest in the property or assets inaccordance with rules established by the authority.
(5)As used in this section, “estate” includes all real and personal property andother assets in which the deceased individual had any legal title or interestat the time of death including assets conveyed to a survivor, heir or assign ofthe deceased individual through joint tenancy, tenancy in common, survivorship,life estate, living trust or other similar arrangement. [Formerly 414.105]
416.351Possible limitation on recovery of certain medical assistance; federal law. (1) Subject tothe 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 oris declared unconstitutional, the Director of the Oregon Health Authority shalllimit the recovery of medical assistance paid pursuant to ORS chapter 414 fromthe estate of an individual or a recipient of property or other assets held byan individual at the time of death, including a surviving spouse of theindividual, to the recovery of medical assistance payments paid on behalf ofthe individual on or after the date that the individual attained 65 years ofage.
(2)The director shall limit the recovery of medical assistance as described undersubsection (1) of this section only if the director determines, after receivingthe written opinion of the Attorney General, that the recovery limitation willnot violate any federal law in effect on the operative date of the recoverylimitation. The director may condition, limit, modify or terminate any recoverylimitation as the director considers necessary to avoid a violation of federallaw.
416.270 [Formerly411.474; repealed by 2001 c.900 §261]
416.280 [Formerly partof 414.105; repealed by 2001 c.900 §261]
RECOVERYFROM ESTATES
416.310Estate of deceased person liable for aid received; relatives not relieved fromobligation of support. (1) Except as otherwise provided by ORS 411.708,the estate of every deceased person who received aid from the state or anycounty 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 liablefor the actual cost of such aid so rendered or the actual expenses of suchburial. The state or the county shall have a just and valid claim against suchestate therefor.
(2)Nothing in this section relieves the parents, children, brothers or sisters ofany needy person from their obligation to support such person, or prevents thecounty court from recovering for such support.
(3)Nothing in this section authorizes the recovery of the amount of any aid fromthe estate or surviving spouse of a recipient to the extent that the need foraid resulted from a crime committed against the recipient. [Formerly 411.480;1985 c.522 §5; 1993 c.249 §6; 2005 c.381 §25]
416.320Manner of approval and payment of county claims against estate. All claims ofthe type mentioned in ORS 416.310 shall be itemized and verified by the countyclerk and presented by the county clerk to the administrator or executor of theestate; except that the claims shall be verified by the county accountant incounties having a county accountant authorized by ORS chapter 210. The claimsshall be approved and paid by the administrator or executor in the manner andin the order of preference provided by law for approval and payment of claimsand charges against estates of deceased persons. [Formerly 411.490; 1983 c.310 §19]
416.330 [Formerly411.500; repealed by 1983 c.537 §7]
416.340Collection of claim against estate of deceased; waiver of claim. (1) Withrespect to any claim which the Department of Human Services may have againstthe estate of a deceased person, the Department of Human Services may, subjectto such terms as it may prescribe in any such case:
(a)Secure payment of such claim in whole or in part by the acceptance ofassignments, conveyances, notes, mortgages and other transfers of property orinterests therein.
(b)Waive such claim to the extent that the Department of Human Services finds thatthe enforcement thereof would tend to defeat the purpose of the publicassistance laws.
(2)To the extent that the need for aid resulted from a crime committed against therecipient, a claim for recovery of the amount of such aid defeats the purposeof the public assistance laws. [1963 c.114 §2; 1985 c.522 §6]
416.350Recovery of medical assistance; estate claims; transfer of assets; rules. (1) The OregonHealth Authority may recover from any person the amounts of medical assistanceincorrectly paid on behalf of such person.
(2)Medical assistance pursuant to this chapter paid on behalf of an individual whowas 55 years of age or older when the individual received such assistance, orpaid on behalf of a person of any age who was a permanently institutionalizedinpatient in a nursing facility, intermediate care facility for persons withmental retardation or other medical institution, may be recovered from theestate of the individual or from any recipient of property or other assets heldby the individual at the time of death including the estate of the survivingspouse. Claim for such medical assistance correctly paid to the individual maybe established against the estate, but there shall be no adjustment or recoverythereof until after the death of the surviving spouse, if any, and only at atime when the individual has no surviving child who is under 21 years of age orwho is blind or permanently and totally disabled. Transfers of real or personalproperty by recipients of such aid without adequate consideration are voidableand may be set aside under ORS 411.620 (2).
(3)Nothing in this section authorizes the recovery of the amount of any aid fromthe estate or surviving spouse of a recipient to the extent that the need foraid resulted from a crime committed against the recipient.
(4)In any action or proceeding under this section to recover medical assistancepaid, it shall be the legal burden of the person who receives the property orother assets from a Medicaid recipient to establish the extent and value of theMedicaid recipient’s legal title or interest in the property or assets inaccordance with rules established by the authority.
(5)As used in this section, “estate” includes all real and personal property andother assets in which the deceased individual had any legal title or interestat the time of death including assets conveyed to a survivor, heir or assign ofthe deceased individual through joint tenancy, tenancy in common, survivorship,life estate, living trust or other similar arrangement. [Formerly 414.105]
416.351Possible limitation on recovery of certain medical assistance; federal law. (1) Subject tothe 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 oris declared unconstitutional, the Director of the Oregon Health Authority shalllimit the recovery of medical assistance paid pursuant to ORS chapter 414 fromthe estate of an individual or a recipient of property or other assets held byan individual at the time of death, including a surviving spouse of theindividual, to the recovery of medical assistance payments paid on behalf ofthe individual on or after the date that the individual attained 65 years ofage.
(2)The director shall limit the recovery of medical assistance as described undersubsection (1) of this section only if the director determines, after receivingthe written opinion of the Attorney General, that the recovery limitation willnot violate any federal law in effect on the operative date of the recoverylimitation. The director may condition, limit, modify or terminate any recoverylimitation as the director considers necessary to avoid a violation of federallaw.