Public Assistance and Medical Assistance

ORS 411.620
Recovery of public assistance or medical assistance obtained or disposed of unlawfully

(1)

The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided any other person to obtain public assistance or medical assistance, in violation of any provision of ORS 411.630 (Unlawfully obtaining public assistance or medical assistance) or in violation of ORS 411.640 (Overpayments of public assistance or medical assistance). In such suit or action, the department or the authority may recover the amount or value of public assistance or medical assistance obtained in violation of ORS 411.630 (Unlawfully obtaining public assistance or medical assistance) or in violation of ORS 411.640 (Overpayments of public assistance or medical assistance), with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance.

(2)

Except with respect to bona fide purchasers for value, the department, the authority, the conservator for the recipient or the personal representative of the estate of a deceased recipient may prosecute a civil suit or action to set aside the transfer, gift or other disposition of any money or property made in violation of any provisions of ORS 411.630 (Unlawfully obtaining public assistance or medical assistance), 411.708 (Recovery of supplemental income program assistance from certain estates) and 416.350 (Recovery of medical assistance) and the department or the authority may recover out of such money or property, or otherwise, the amount or value of any public assistance or medical assistance obtained as a result of the violation, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance. [Amended by 1963 c.499 §1; 1971 c.334 §2; 1973 c.661 §1; 1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24; 2009 c.595 §262; 2011 c.720 §115; 2013 c.688 §50]

Notes of Decisions

Where welfare recipients received overpayments because of failure to report the receipt of income tax refunds, the state could recover such overpayments from both cash reserves and income earned, but not from current assistance grants. Bradford v. Juras, 331 F Supp 167 (1971)

Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

Source

Last accessed
Jun. 26, 2021

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