When a claimant fails to pursue payment as required by ORS 445.180 or to pay to the Department of Human Services the amount required by ORS 445.180 to be paid, the department shall, after 60 days, deduct the amount paid by it on the claim from any subsequent payment made to the claimant unless it is made to appear to the satisfaction of the department that:
(1) Upon due and diligent search and inquiry neither the patient nor any person chargeable by law with the care or support of the patient can be found;
(2) An action against the patient or a person chargeable by law with the care or support of the patient has been instituted and is pending; or
(3) An action has been prosecuted to final judgment, all legal remedies for satisfaction of the judgment have been exhausted and the judgment has not been collected. [1985 c.279 §13]
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