ORS 192.589
Financial institution records of deceased individual

  • disclosure to Department of Human Services or Oregon Health Authority
  • procedure

(1)

At any time after an individual dies, the Department of Human Services or the Oregon Health Authority may deliver to a financial institution the written notice and request described in subsection (2) of this section.

(2)

A written notice and request under this section must:

(a)

Include the name, last known address and Social Security number of the deceased individual;

(b)

State the date of the deceased individual’s death;

(c)

State that the deceased individual received public assistance or medical assistance that was subject to a claim for reimbursement under ORS 411.640 (Overpayments of public assistance or medical assistance), 411.708 (Recovery of supplemental income program assistance from certain estates), 411.795 (Claim against estate of deceased recipient of general assistance) or 416.350 (Recovery of medical assistance); and

(d)

Request that the financial institution provide all or any part of the following information to the department or the authority:

(A)

Whether the financial institution held on the date of the deceased individual’s death any deposit account in the deceased individual’s name or in more than one name, one of which is the deceased individual’s name;

(B)

The balance on deposit in each deposit account described in subparagraph (A) of this paragraph on the date of the deceased individual’s death;

(C)

The name of each person to whom the financial institution disbursed funds from a deposit account described in subparagraph (A) of this paragraph on or after the date of the deceased individual’s death, if the financial institution closed the deposit account on or after the date of the deceased individual’s death;

(D)

A record of the activity in each of the deposit accounts described in subparagraph (A) of this paragraph in the period that begins 30 days before the date of the deceased individual’s death and ends on the date of the deceased individual’s death;

(E)

A copy of any affidavit or declaration the financial institution received under ORS 708A.430 (Disposition of deposit on death of depositor) or 723.466 (Disposition of deposit on death of depositor); and

(F)

The name and address of any person named as an owner of a deposit account described in subparagraph (A) of this paragraph, if the financial institution has the information in the financial institution’s records.

(3)

The department or the authority may submit an affidavit or declaration under ORS 708A.430 (Disposition of deposit on death of depositor) or 723.466 (Disposition of deposit on death of depositor) at the same time the department or authority submits a notice and request under subsection (2) of this section.

(4)

The department and the authority shall reimburse a financial institution as provided in ORS 192.602 (Time for compliance) for all reasonable costs and expenses the financial institution incurs to provide information in response to a notice and request under subsection (2) of this section. [2015 c.129 §2; 2017 c.51 §3]

Source: Section 192.589 — Financial institution records of deceased individual; disclosure to Department of Human Services or Oregon Health Authority; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors192.­html.

192.001
Policy concerning public records
192.005
Definitions for ORS 192.005 to 192.170
192.015
Secretary of State as public records administrator
192.018
Written policies on use, retention and ownership of public records
192.040
Making, filing and recording records by photocopying
192.050
Copying records
192.060
Indexing and filing copied records
192.070
Duplicate rolls of microfilm required
192.072
State Archivist performing microfilm services for public body
192.105
State Archivist authorization for state officials to dispose of records
192.108
Retention schedules
192.130
Disposition of valueless records in custody of State Archivist
192.170
Disposition of materials without authorization
192.173
Records and reports required by law to be in English
192.180
Coordination of executive department response to public records request
192.183
Compiling public records stored in electronic form
192.191
Department of Justice information sharing guide
192.210
Definitions for ORS 192.210 and 192.220
192.220
Standardized report forms
192.230
Definitions for ORS 192.235 to 192.245
192.235
Policy for ORS 192.230 to 192.250
192.240
Duties of state agency issuing report
192.243
Availability of report on Internet
192.245
Form of report to legislature
192.250
Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250
192.270
Definitions for ORS 192.270 and 192.275
192.275
Notice when report required
192.311
Definitions for ORS 192.311 to 192.478
192.314
Right to inspect public records
192.318
Functions of custodian of public records
192.324
Copies or inspection of public records
192.329
Public body’s response to public records request
192.335
Immunity from liability for disclosure of public record
192.338
Exempt and nonexempt public record to be separated
192.340
Attorney General catalog of exemptions from disclosure
192.345
Public records conditionally exempt from disclosure
192.355
Public records exempt from disclosure
192.360
Condensation of public record subject to disclosure
192.363
Contents of certain requests for disclosure
192.365
Disclosure of information pertaining to home care worker, personal support worker, operator of child care facility, exempt child care provider or operator of adult foster home
192.368
Nondisclosure on request of home address, home telephone number and electronic mail address
192.371
Nondisclosure of public employee identification badge or card
192.374
Nondisclosure of concealed handgun license records or information
192.377
Required redaction of certain personal information
192.380
Immunity from liability for disclosure of certain personal information
192.385
Nondisclosure of certain public safety officer investigation records
192.390
Inspection of records more than 25 years old
192.395
Health services costs
192.398
Medical records
192.401
Records of health professional regulatory boards, Health Licensing Office
192.407
When petition for review of public records request allowed
192.411
Petition to review denial of right to inspect state public record
192.415
Procedure to review denial of right to inspect other public records
192.418
Effect of failure of Attorney General, district attorney or elected official to take timely action on inspection petition
192.422
Petition form
192.427
Procedure to review denial by elected official of right to inspect public records
192.431
Court authority in reviewing action denying right to inspect public records
192.461
Public Records Advocate
192.464
Facilitated dispute resolution services of Public Records Advocate
192.468
Discretion of Public Records Advocate in dispute resolution services
192.472
Confidentiality of Public Records Advocate records
192.475
Public records request training
192.477
Public Records Advocate Fund
192.478
Exemption for Judicial Department
192.481
Public Records Advisory Council
192.483
Duties of Public Records Advisory Council
192.485
Definitions for ORS 192.485 to 192.513
192.488
Open government impact statement
192.492
Notification of change to public records laws
192.499
Public records subcommittee
192.508
Rules
192.511
Oregon Sunshine Committee
192.513
Review of exemptions from disclosure by Oregon Sunshine Committee
192.515
Definitions for ORS 192.515 and 192.517
192.517
Access to records of individual with disability or individual with mental illness
192.531
Definitions for ORS 192.531 to 192.549
192.533
Legislative findings
192.535
Informed consent for obtaining genetic information
192.537
Individual’s rights in genetic information
192.538
Notice by health care provider regarding anonymous or coded research
192.539
Disclosure of genetic information
192.540
Use of deceased individual’s DNA sample or genetic information for research
192.541
Private right of action
192.543
Criminal penalty
192.545
Enforcement
192.547
Oregon Health Authority rules
192.549
Advisory Committee on Genetic Privacy and Research
192.551
Health care records at colleges, universities
192.553
Policy for protected health information
192.556
Definitions for ORS 192.553 to 192.581
192.558
Use or disclosure by health care provider or state health plan
192.561
Disclosure by health care provider in coordinated care organization
192.563
Health care provider and state health plan charges
192.566
Authorization form
192.567
Disclosure without authorization form
192.568
Confidentiality
192.571
No right of action
192.573
Personal representative of deceased individual
192.576
Disclosure to individual appealing denial of Social Security benefits
192.577
Disclosure of information concerning adult in custody of Department of Corrections
192.579
Allowed disclosure for coordinating care
192.581
Allowed retention or disclosure of genetic information
192.582
Confidentiality of bedbug infestation reports
192.583
Definitions for ORS 192.583 to 192.607
192.586
Disclosure of financial records prohibited
192.588
Disclosure to Department of Human Services or Oregon Health Authority
192.589
Financial institution records of deceased individual
192.591
Disclosure to state court
192.593
Authorization by customer for disclosure
192.596
Disclosure under summons or subpoena
192.597
Disclosure pursuant to abuse investigation
192.598
Disclosure under search warrant
192.600
Liability of financial institution for disclosure
192.602
Time for compliance
192.603
Procedure for disclosure to law enforcement agency
192.605
Charges for participation in attorney trust account overdraft notification program
192.606
Civil liability for violation of ORS 192.583 to 192.607
192.607
Severability
192.610
Definitions for ORS 192.610 to 192.690
192.620
Policy
192.630
Meetings of governing body to be open to public
192.640
Public notice required
192.650
Recording or written minutes required
192.660
Executive sessions permitted on certain matters
192.670
Meetings by means of telephone or electronic communication
192.672
State board or commission meetings through telephone or electronic means
192.680
Enforcement of ORS 192.610 to 192.690
192.685
Additional enforcement of alleged violations of ORS 192.660
192.690
Exceptions to ORS 192.610 to 192.690
192.695
Prima facie evidence of violation required of plaintiff
192.715
Short title
192.720
Definitions for ORS 192.715 to 192.760
192.725
Electronic record as official record
192.730
Authentication of electronic official record
192.735
Evidentiary rules concerning authenticated electronic record
192.740
Preservation and security of electronic official record
192.745
Availability for public use
192.750
Implementation
192.755
Uniform construction
192.760
Relationship of ORS 192.715 to 192.760 to federal law
192.800
Definitions for ORS 192.800 to 192.810
192.805
Reimbursement required prior to disclosure
192.810
Applicability of ORS 192.805
192.820
Definitions for ORS 192.820 to 192.868
192.822
Address Confidentiality Program
192.826
Application for participation in program
192.828
Prohibitions
192.832
Notice of change in name, address or telephone number
192.834
Cancellation of certification
192.836
Use of substitute address
192.842
Use of actual or substitute address in specified circumstances
192.844
Prohibition on disclosure of actual address or telephone number by public body
192.846
Records of Department of Transportation
192.848
When Attorney General may disclose actual address or telephone number
192.852
Prohibition on obtaining actual address or telephone number
192.854
Application assistants
192.856
Additional response time for notice or other paper
192.858
Disclosures to participants
192.860
Rules
192.865
Criminal penalty
192.868
Grants, donations and gifts
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