Public Assistance and Medical Assistance

ORS 411.703
Issuance of warrants for overpayment of public assistance or medical assistance


If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 (Definitions for ORS 411.806 to 411.845) to 411.845 (Prosecution), or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS chapter 183 relating to the overpayment, the Department of Human Services or the Oregon Health Authority may:


Issue a warrant that meets the requirements of ORS 205.125 (County Clerk Lien Record) for the overpayment; and


Present a warrant issued under this section for recordation in the County Clerk Lien Record of the county clerk of any county in the state.


The warrant must include the principal amount of the overpayment, interest accumulated pursuant to ORS 82.010 (Legal rate of interest) or other applicable law, costs associated with recording, indexing and serving the warrant and costs associated with an instrument evidencing satisfaction or release of the warrant.


The department or the authority shall mail a copy of the warrant to the debtor at the last known address of the debtor.


Upon receipt of the warrant for recordation, the county clerk shall record the warrant in the manner provided in ORS 205.125 (County Clerk Lien Record).


Upon issuance of the warrant, the department or the authority may issue a notice of garnishment in accordance with ORS 18.854 (Notices of garnishment generally).


Upon recording, the warrant:


Has the effect described in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record); and


May be enforced as provided in ORS 18.854 (Notices of garnishment generally) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record). [2003 c.663 §2; 2007 c.118 §2; 2009 c.599 §19; 2011 c.720 §124; 2013 c.688 §59]
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


Last accessed
Jun. 26, 2021