ORS 179.620
Liability of person or estate for cost of care

(1)

A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701 (Determination of cost-of-care rates).

(2)

While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay. Ability to pay is determined as provided in ORS 179.640 (Determination of ability to pay).

(3)

Upon the death of a person, the decedent’s estate shall be liable for any unpaid cost of care. The liability of the decedent’s estate is limited to the cost of care incurred on or after July 24, 1979. The decedent’s estate shall not include assets placed in trust for the person by other persons. Collection of any amount from a decedent’s estate shall be pursuant to ORS 179.740 (Collection from estates).

(4)

Regardless of subsection (1) of this section and ORS 179.610 (Definitions for ORS 179.610 to 179.770) (5), assets held in trust by a trustee for a person are subject to laws generally applicable to trusts.

(5)

Notwithstanding subsections (1) and (3) of this section, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may not collect the cost of care from:

(a)

Any assets received by or owing to a person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 (Responsibility to supervise state institutions) or in the Eastern Oregon Training Center and for which the state admits liability or is found liable through adjudication; and

(b)

Any real or personal property of the personal estate of the person, or the decedent’s estate, that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase. [1959 c.652 §2; 1961 c.501 §1; 1973 c.823 §§122,158; 1979 c.684 §2; 1989 c.348 §2; 1999 c.159 §1; 2001 c.487 §2; 2009 c.595 §148; 2013 c.36 §58]

Source: Section 179.620 — Liability of person or estate for cost of care, https://www.­oregonlegislature.­gov/bills_laws/ors/ors179.­html.

Notes of Decisions

State is entitled to reimbursement for cost of institutionalization from assets of institutionalized person, including cash and savings accounts, and is not limited to reimbursement from current income of institutionalized person. McCauley v. Department of Revenue, 30 Or App 87, 566 P2d 537 (1977), Sup Ct review denied

Purported inequality arising from Mental Health Division’s practice of charging persons other than transferees from Department of Corrections did not immunize petitioners under Equal Protection Clauses of state and federal constitutions from lawful obligations to pay charges for cost of care at division’s facilities. Fredenburg v. Mental Health Div., 106 Or App 337, 807 P2d 812 (1991), as modified by 107 Or App 425, 812 P2d 432 (1991)

Attorney General Opinions

Liability for cost of care of person in state institution, (1975) Vol 37, p 357

179.010
Definitions 179.040
General powers and duties 179.045
Reports on convictions 179.050
Authority to hold property 179.055
Disposition of income from property 179.065
Furnishing utilities for institutions 179.105
Acceptance of federal or other assistance to carry out general powers and duties 179.110
Use of federal grants 179.130
Institutional petty cash fund 179.140
Auditing and paying claims 179.150
Interest in contracts prohibited 179.210
Claim for injury or damage 179.230
Rejection of claim final and not reviewable 179.240
Procedure where award due person owing debt to state 179.310
“Superintendent” defined 179.321
Responsibility to supervise state institutions 179.325
Change in use of institution for persons with developmental disabilities or mental illness 179.331
Appointment, suspension and removal of superintendents 179.340
Salaries and expenses of superintendents 179.360
Powers and duties of superintendents 179.370
Residence of superintendents at institutions 179.375
Chaplaincy services 179.380
Employment of staff 179.385
Scholarship programs to train personnel for institutions 179.390
Appointment, suspension, removal and salaries of assistants, officers and employees 179.400
Rentals to officers and employees at institution 179.405
License required for teachers at institution 179.440
Work in production of articles and performance of labor for state 179.450
Work on state-owned land 179.460
Sale and exchange of surplus products of institutions 179.471
Definitions for ORS 179.473 and 179.478 179.473
Transfers between institutions 179.478
Examination for intellectual disability 179.479
Conveyance of adults in custody from institution to physician or hospital for treatment 179.483
Time spent pursuant to transfer or conveyance counted as part of sentence 179.485
Rights of person transferred to institution for persons with mental illness or intellectual disabilities 179.486
Payment of costs in connection with transfers and conveyances 179.490
Authorization and payment of cost of emergency and necessary operations 179.492
Dispensing of brand-name mental health drugs 179.495
Disclosure of written accounts of adult in custody 179.505
Disclosure of written accounts by health care services provider 179.507
Enforcement of ORS 179.495 and 179.505 179.508
Disclosure of individually identifiable health information about adult in custody 179.509
Reports on deaths at institutions 179.510
“Funds” defined 179.520
Authorization to receive funds of institution residents 179.530
Disbursements from accounts 179.560
Members 179.570
Powers and duties of board 179.580
Ad hoc committees 179.610
Definitions for ORS 179.610 to 179.770 179.620
Liability of person or estate for cost of care 179.640
Determination of ability to pay 179.653
Unpaid costs as lien on property 179.655
Enforcement of lien 179.660
Guardian or conservator for estate of person in institution 179.701
Determination of cost-of-care rates 179.711
Remittance of amounts due 179.731
Waiver of collection of amount payable 179.740
Collection from estates 179.745
Title to and transfer of property 179.750
Equal care and services for persons in state institutions 179.770
Rules
Green check means up to date. Up to date

Current through early 2024

§ 179.620’s source at oregon​.gov