(1)(a) When charges and expenses are incurred for medical services provided to an individual for injuries related to law enforcement activity and subject to the availability of funds in the account, the cost of such services shall be paid by the Department of Human Services out of the Law Enforcement Medical Liability Account established in ORS 414.815 if the provider of the medical services has made all reasonable efforts to collect the amount, or any part thereof, from the individual who received the services.
(b) When a law enforcement agency involved with an injury certifies that the injury is related to law enforcement activity, the Department of Human Services shall pay the provider:
(A) If the provider is a hospital, in accordance with current fee schedules established by the Director of the Department of Consumer and Business Services for purposes of workers’ compensation under ORS 656.248; or
(B) If the provider is other than a hospital, 75 percent of the customary and usual rates for the services.
(2) After the injured person is incarcerated and throughout the period of incarceration, the Department of Human Services shall continue to pay, out of the Law Enforcement Medical Liability Account, charges and expenses for injuries related to law enforcement activities as provided in subsection (1) of this section. Upon release of the injured person from actual physical custody, the Law Enforcement Medical Liability Account is no longer liable for the payment of medical expenses of the injured person.
(3) If the provider of medical services has filed a medical services lien as provided in ORS 87.555, the Department of Human Services shall be subrogated to the rights of the provider to the extent of payments made by the Department of Human Services to the provider for the medical services. The Department of Human Services may foreclose the lien as provided in ORS 87.585.
(4) The Department of Human Services shall deposit in the Law Enforcement Medical Liability Account all moneys received by the department from:
(a) Providers of medical services as repayment;
(b) Individuals whose medical expenses were paid by the department under this section; and
(c) Foreclosure of a lien as provided in subsection (3) of this section.
(5) As used in this section:
(a) “Injuries related to law enforcement activity” means injuries sustained prior to booking, citation in lieu of arrest or release instead of booking that occur during and as a result of efforts by a law enforcement officer to restrain or detain, or to take or retain custody of, the individual.
(b) “Law enforcement officer” has the meaning given that term in ORS 414.805. [1991 c.778 §2; 1993 c.196 §9]
Note: See note under 414.805.
Section: Previous 414.743 414.744 414.745 414.747 414.750 414.751 414.805 414.807 414.810 414.815 414.820 414.821 414.823 414.825 414.827 NextLast modified: August 7, 2008