Medical Assistance

ORS 414.805
Liability of individual for medical services received while in custody of law enforcement officer


(1)

An individual who receives medical services while in the custody of a law enforcement officer is liable:

(a)

To the provider of the medical services for the charges and expenses therefor; and

(b)

To the Oregon Health Authority for any charges or expenses paid by the authority out of the Law Enforcement Medical Liability Account for the medical services.

(2)

A person providing medical services to an individual described in subsection (1) of this section shall first make reasonable efforts to collect the charges and expenses thereof from the individual before seeking to collect them from the authority out of the Law Enforcement Medical Liability Account.

(3)

(a) If the provider has not been paid within 45 days of the date of the billing, the provider may bill the authority who shall pay the account out of the Law Enforcement Medical Liability Account.

(b)

A bill submitted to the authority under this subsection must be accompanied by evidence documenting that:

(A)

The provider has billed the individual or the individual’s insurer or health care service contractor for the charges or expenses owed to the provider; and

(B)

The provider has made a reasonable effort to collect from the individual or the individual’s insurer or health care service contractor the charges and expenses owed to the provider.

(c)

If the provider receives payment from the individual or the insurer or health care service contractor after receiving payment from the authority, the provider shall repay the authority the amount received from the public agency less any difference between payment received from the individual, insurer or contractor and the amount of the billing.

(4)

As used in this section:

(a)

“Law enforcement officer” means:

(A)

An officer who is commissioned and employed by a public agency as a peace officer to enforce the criminal laws of this state or laws or ordinances of a public agency; or

(B)

An authorized tribal police officer as defined ORS 181A.680 (Definitions for ORS 181A.680 to 181A.692).

(b)

“Public agency” means the state, a city, university that has established a police department under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers), port, school district, mass transit district or county. [1991 c.778 §7; 2007 c.71 §105; 2009 c.595 §342; 2011 c.506 §37; 2011 c.644 §§29,52; 2013 c.180 §§38,39; 2015 c.174 §20]
Note: 414.805 (Liability of individual for medical services received while in custody of law enforcement officer) to 414.815 (Law Enforcement Medical Liability Account) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source

Last accessed
Jun. 26, 2021