(1) After a notice of lien is filed in the manner provided in ORS 416.550 (2), any person or public body, agency or commission who makes any payment to the injured recipient, the heirs, personal representatives or assigns of the recipient, or their attorneys, under a judgment, settlement or compromise without previously having paid to the Department of Human Services the amount of its lien, shall be liable to the State of Oregon, for the use and benefit of the department for a period of 180 days after the date of such payment for the amount of such payment to the extent that the lien attached thereto under ORS 416.540.
(2) Any amount paid to the department in satisfaction of its lien shall be distributed by the department to the United States Government and the Public Welfare Account, as their interests may appear.
(3) If the recipient is a minor, no payments to the department in satisfaction of its lien and, except to the extent of the fees, costs and expenses specified in ORS 416.540 (2), no payments to the recipient under a judgment, settlement or compromise shall be made until a hearing has taken place and the court has issued its order under ORS 416.590. [Formerly 411.566; 1969 c.45 §3; 2001 c.600 §8]
Section: Previous 416.510 416.520 416.530 416.540 416.550 416.560 416.570 416.580 416.590 416.600 416.610 416.810 416.820 416.830 416.990 NextLast modified: August 7, 2008