(1) Except as provided in subsection (2) of this section and in ORS 416.590, the Department of Human Services shall have a lien upon the amount of any judgment in favor of a recipient or amount payable to the recipient under a settlement or compromise for all assistance received by such recipient from the date of the injury of the recipient to the date of satisfaction of such judgment or payment under such settlement or compromise.
(2) The lien does not attach to the amount of any judgment, settlement or compromise to the extent of attorney’s fees, costs and expenses incurred by a recipient in securing such judgment, settlement or compromise and to the extent of medical, surgical and hospital expenses incurred by the recipient on account of the personal injuries for which the recipient had a claim.
(3) The department may assign the lien described in subsection (1) of this section to a prepaid managed care health services organization for medical costs incurred by a recipient:
(a) During a period for which the department paid a capitation or enrollment fee; and
(b) On account of the personal injury for which the recipient had a claim.
(4) A prepaid managed care health services organization to which the department has assigned a lien shall notify the department no later than 10 days after filing notice of a lien.
(5) For the purposes of ORS 416.510 to 416.610, the department may designate the prepaid managed care health services organization to which a lien is assigned as its designee.
(6) If the department and a prepaid managed care health services organization both have filed a lien, the department’s lien shall be satisfied first. [Formerly 411.558; 2001 c.600 §4]Section: Previous 416.470 416.480 416.483 416.486 416.510 416.520 416.530 416.540 416.550 416.560 416.570 416.580 416.590 416.600 416.610 Next
Last modified: August 7, 2008