OAR 461-195-0305
Lien of the Department, Coordinated Care Organization, or Prepaid Managed Care Health Services Organization
(6)
This rule applies to any lien assigned by the Department under OAR 461-195-0321 (Assigning a Lien).(7)
Notwithstanding any other provision in this rule, there is a rebuttable presumption that the entire proceeds from any judgment, settlement, or compromise are in payment for medical care or services. The presumption may be rebutted only by clear and convincing evidence. This presumption applies to any lien created under ORS 416.540 (Lien of department and authority), regardless of whether the lien, judgment, settlement, compromise, or claim occurred before, on, or after October 1, 2017.
Source:
Rule 461-195-0305 — Lien of the Department, Coordinated Care Organization, or Prepaid Managed Care Health Services Organization, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-195-0305
.