Public Assistance and Medical Assistance

ORS 411.630
Unlawfully obtaining public assistance or medical assistance

(1)

A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance or medical assistance to which the person or other person is not entitled under state law by means of:

(a)

Any false representation or fraudulent device, or

(b)

Failure to immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income, or of any other change of circumstances, which directly affects the eligibility for, or the amount of, the assistance.

(2)

A person may not transfer, conceal or dispose of any money or property with the intent:

(a)

To enable the person to meet or appear to meet any requirement of eligibility prescribed by state law or by rule of the department or the authority for any type of public assistance or medical assistance; or

(b)

Except as to a conveyance by the person to create a tenancy by the entirety, to hinder or prevent the department or the authority from recovering any part of any claim it may have against the person or the estate of the person.

(3)

A person may not knowingly aid or abet any person to violate any provision of this section.

(4)

A person may not receive, possess or conceal any money or property of an applicant for or recipient of any type of public assistance or medical assistance with the intent to enable the applicant or recipient to meet or appear to meet any requirement of eligibility referred to in subsection (2)(a) of this section or, except as to a conveyance by the applicant or recipient to create a tenancy by the entirety, with the intent to hinder or prevent the department or the authority from recovering any part of any claim it may have against the applicant or recipient or the estate of the applicant or recipient. [Amended by 1963 c.499 §2; 1969 c.66 §1; 1971 c.779 §22; 2011 c.720 §116; 2013 c.688 §51]

Notes of Decisions

Under “change of circumstances” language of this section, mere receipt of income constitutes, as a matter of law, change of circumstances for purposes of defining offense of obtaining public assistance unlawfully and no separate allegation to that effect in indictment was necessary. State v. Willy, 36 Or App 853, 585 P2d 762 (1978)

Where aunt accepted ADC benefits for niece and nephew and spent them entirely for children’s needs, neither this section nor [former] ORS 411.105 supported imposition of duty on aunt to reimburse Adult and Family Services for overpayment. Brown v. Adult & Family Services, 45 Or App 263, 608 P2d 197 (1980)

Source

Last accessed
Mar. 11, 2023

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