Oregon Revised Statutes

Or. Rev. Stat. § 179.701 (2026)

Determination of cost-of-care rates

✓ current as of May 2026

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179.701 Determination of cost-of-care rates. (1)(a) The cost-of-care rates for a person who is or was in a state institution described in ORS 179.321 shall be determined by the Department of Corrections or the Oregon Health Authority, as appropriate. The rates established shall be reasonably related to current costs of the institutions as described in ORS 179.321.

(b) Current costs for a person who is or was in a Department of Corrections institution shall exclude costs of outpatient services as defined in ORS 430.010 and any other costs not directly related to the care for a person at a state institution.

(c) Current costs for a person who is or was in the Oregon State Hospital shall include costs of outpatient services as defined in ORS 430.010 and exclude any other costs not directly related to the care for a person at a state institution.

(2) The cost-of-care rates for a person who was a resident of the Eastern Oregon Training Center shall be determined by the Department of Human Services. The rates established shall be reasonably related to the costs to operate, control, manage and supervise the state training center at the time of the person’s residency. The department must exclude costs of outpatient services as defined in ORS 430.010 and any other costs not directly related to the care of the person at the state training center. [1967 c.549 §2 (enacted in lieu of 179.700); 1973 c.806 §6; 1989 c.348 §7; 2001 c.487 §7; 2009 c.595 §153; 2011 c.658 §35; 2013 c.36 §63; 2021 c.33 §2]

179.710 [1955 c.5 §1; renumbered 179.510]

Notes of Decisions

Cited in 5 cases, 1971–1993 · leading case: Brumnett v. Psychiatric Sec. Review Bd., 848 P.2d 1194 (Or. 1993).

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Brumnett v. Psychiatric Sec. Review Bd., 848 P.2d 1194 (Or. 1993). “Full cost of care is established according to ORS 179.701. “(2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay.”

Fredenburg v. Mental Health Div., 807 P.2d 812 (Or. Ct. App. 1991). · cites it 2× ““(2) A person at a state institution is liable for the payment of the monthly charge fixed as provided in ORS 179.701 for care and maintenance according to the person’s ability to pay determined as provided in ORS 179.”

State v. Devore, 479 P.2d 1013 (Or. Ct. App. 1971). · cites it 4× “Throughout the period Mrs. Devore was at the hospital the law required payment by or on behalf of a patient for his care to the extent there was ability to pay.”

McCauley v. Dep't of Revenue, 566 P.2d 537 (Or. Ct. App. 1977). · cites it 2× “*90 "(2) A person at a state institution is liable for the payment of the monthly charge fixed as provided in ORS 179.701 for care and maintenance according to his ability to pay determined as provided in ORS 179.”

Owens v. Heisel, 679 P.2d 331 (Or. Ct. App. 1984). · cites it 2× ““(2) A person at a state institution is liable for the payment of the monthly charge fixed as provided in ORS 179.701 for care and maintenance according to the person’s ability to pay determined as provided in ORS 179.”

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