(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 Department of Human Services for any charges or expenses paid by the Department of Human Services 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)(a) 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 Department of Human Services 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 Department of Human Services who shall pay the account out of the Law Enforcement Medical Liability Account.
(b) A bill submitted to the Department of Human Services 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 Department of Human Services, the provider shall repay the department 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 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.
(b) “Public agency” means the state, a city, port, school district, mass transit district or county. [1991 c.778 §7; 2007 c.71 §105]
Note: 414.805 to 414.815 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.
Section: Previous 414.742 414.743 414.744 414.745 414.747 414.750 414.751 414.805 414.807 414.810 414.815 414.820 414.821 414.823 414.825 NextLast modified: August 7, 2008