Chapter 416 — Recoveryof Aid and Support

 

2009 EDITION

 

RECOVERYOF AID AND SUPPORT

 

HUMANSERVICES; JUVENILE CODE; CORRECTIONS

 

RECOVERYFROM ESTATES

 

416.310 Estateof deceased person liable for aid received; relatives not relieved fromobligation of support

 

416.320 Mannerof approval and payment of county claims against estate

 

416.340 Collectionof claim against estate of deceased; waiver of claim

 

416.350 Recoveryof medical assistance; estate claims; transfer of assets; rules

 

416.351 Possiblelimitation on recovery of certain medical assistance; federal law

 

PARENTALSUPPORT OF DEPENDENT CHILDREN

 

416.400 Definitionsfor ORS 416.400 to 416.465

 

416.405 Policy

 

416.407 Partiesto support proceedings; notice

 

416.415 Noticeand finding of financial responsibility; request for hearing; order

 

416.416 Modificationof order based on change in physical custody

 

416.417 Whenorder of support contingent on child residing in state financed or supportedresidence

 

416.419 Tribunalsfor establishment of paternity or for child support order

 

416.422 Pastsupport; consolidation in court proceeding

 

416.425 Motionsto modify financial responsibility orders; service; temporary suspension oforder during period of significant unemployment

 

416.427 Hearingsprocedure; parties; enforcement of order; appeal of order

 

416.429 Noticeof intent to establish and enforce arrearages; request for hearing; order

 

416.430 Establishingpaternity of child; certification of paternity issue to circuit court

 

416.435 Certificationof paternity issue to circuit or juvenile court; trial

 

416.440 Filingorder with court; order effective as circuit court judgment

 

416.443 Reopeningissue of paternity; order

 

416.448 Multiplechild support judgments

 

416.450 Preventingtransfer of assets to evade compliance with order

 

416.455 Authorityof administrator and administrative law judge; rules

 

416.460 Expeditiouscourt hearings

 

416.465 Relieffrom compliance with order

 

RECOVERYOF SUPPORT FOR YOUTH OFFENDERS

 

416.480 Definitionsfor ORS 416.480 to 416.486

 

416.483 Orderfor support of youth offender or other offender

 

416.486 Youthauthority may enter into agreements for support enforcement services

 

LIENON RECIPIENT’S CLAIM FOR DAMAGES FOR PERSONAL INJURIES

 

416.510 Definitionsfor ORS 416.510 to 416.610

 

416.520 Claimfor damages for personal injuries not grounds for denying assistance

 

416.530 Noticeof claim to department, authority or prepaid managed care health servicesorganization

 

416.540 Lienof department and authority; assignment of lien to prepaid managed care healthservices organization

 

416.550 Procedureto perfect lien

 

416.560 Formof notice of lien

 

416.570 Noticerequired when judgment rendered or claim settled; statement by department orauthority of amount of lien

 

416.580 Paymentin satisfaction of lien

 

416.590 Procedurewhen recipient is minor

 

416.600 Releaseof portion of lien in certain cases

 

416.610 Actionagainst recipient who fails to provide notice of claim

 

MISCELLANEOUSPROVISIONS

 

416.810 Dispositionof reimbursements for public assistance granted

 

416.820 Acceptanceand disbursement of gifts for support of certain persons

 

416.830 Acceptanceand 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 [Formerly411.410; 1971 c.480 §3; 1971 c.779 §49; repealed by 2001 c.900 §261]

 

416.030 [Formerly411.420; 1967 c.549 §7; 1971 c.125 §1; 1971 c.750 §5; 1999 c.59 §108; repealedby 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 [Formerly411.425; 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 [Formerly411.440 and then 411.428; repealed by 2001 c.900 §261]

 

416.090 [Formerly411.450 and then 411.434; repealed by 2001 c.900 §261]

 

416.100 [Formerly411.460 and then 411.438; repealed by 2001 c.900 §261]

 

416.110 [Formerly411.441; 1979 c.562 §14; 1983 c.740 §141; repealed by 2001 c.900 §261]

 

416.120 [Formerly411.442; 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 [Formerly411.444; repealed by 2001 c.900 §261]

 

416.140 [Formerly411.446; 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 [Formerly411.448; 1975 c.146 §5; 1983 c.696 §19; repealed by 2001 c.900 §261]

 

416.180 [Formerly411.452; 1993 c.223 §10; repealed by 2001 c.900 §261]

 

416.190 [Formerly411.454; repealed by 2001 c.900 §261]

 

416.200 [Formerly411.456; repealed by 2001 c.900 §261]

 

416.210 [Formerly411.458; repealed by 2001 c.900 §261]

 

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

 

416.230 [Formerly411.462; 1971 c.407 §2; repealed by 1979 c.690 §19]

 

416.240 [Formerly411.464; repealed by 2001 c.900 §261]

 

416.250 [Formerly411.466; repealed by 2001 c.900 §261]

 

416.260 [Formerly411.470; 1969 c.45 §2; 1971 c.418 §13; repealed by 2001 c.900 §261]

 

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.