Lien for long term care
- statement concerning lien to be given to care recipient
(1)When an individual receives care at a long term care facility under a written contract that does not violate state or federal law, the individual receiving the care, and upon the death of such individual, the decedent’s estate of that individual, is liable for the contracted costs of care. The individual receiving care and any authorized representative shall be given an itemized statement of goods and services provided as each payment becomes due. If the individual or an authorized representative of that individual refuses to pay the long term care facility for the costs of care within 30 days after the services are rendered and any portion thereof are billed to the individual or the authorized representative of the individual, the unpaid amount plus interest thereon at the legal rate of interest provided for in ORS 82.010 (Legal rate of interest) shall be a lien in favor of the long term care facility against the real property of the individual receiving care. The lien shall attach to the real property on the day, whichever is later, that is:
(a)The 30th day after the first services for which the lien is claimed are performed; or
(b)The 30th day after the first unpaid payment for care becomes due.
(2)At the time of signing a written contract for care at the facility, a long term care facility shall provide to the individual who will receive care under the contract or to the authorized representative of the individual a written statement describing the provisions of ORS 87.501 (Definitions for ORS 87.501 to 87.542) to 87.542 (Priority of lien). The written statement shall describe the procedures, process and rights and responsibilities of the individual receiving care and the long term care facility under ORS 87.501 (Definitions for ORS 87.501 to 87.542) to 87.542 (Priority of lien). Notwithstanding ORS 87.507 (Perfecting lien) and 87.522 (Foreclosure of lien), if a long term care facility does not provide such written statement as required by this subsection to an individual or an authorized representative, the lien created by this section for the contracted costs of care provided to the individual may not be perfected and may not be foreclosed.
(3)Notwithstanding subsection (1) of this section, real and personal property held in trust by a trustee for an individual receiving care are subject to the laws of this state applicable to trusts. [1995 c.749 §2; 1997 c.744 §2]
Section 87.503 — Lien for long term care; statement concerning lien to be given to care recipient,