411.620
Recovery of public assistance or medical assistance obtained or disposed of
unlawfully. (1)
The Department of Human Services or the Oregon Health Authority may prosecute a
civil suit or action against any person who has obtained, for personal benefit
or for the benefit of any other person, any amount or type of public assistance
or medical assistance, or has aided any other person to obtain public
assistance or medical assistance, in violation of any provision of ORS 411.630
or in violation of ORS 411.640. In such suit or action, the department or the
authority may recover the amount or value of public assistance or medical
assistance obtained in violation of ORS 411.630 or in violation of ORS 411.640,
with interest, together with costs and disbursements incurred in recovering the
public assistance or medical assistance.
(2) Except with
respect to bona fide purchasers for value, the department, the authority, the
conservator for the recipient or the personal representative of the estate of a
deceased recipient may prosecute a civil suit or action to set aside the
transfer, gift or other disposition of any money or property made in violation
of any provisions of ORS 411.630, 411.708 and 416.350 and the department or the
authority may recover out of such money or property, or otherwise, the amount
or value of any public assistance or medical assistance obtained as a result of
the violation, with interest, together with costs and disbursements incurred in
recovering the public assistance or medical assistance. [Amended by 1963 c.499 §1;
1971 c.334 §2; 1973 c.661 §1; 1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24;
2009 c.595 §262; 2011 c.720 §115; 2013 c.688 §50]
Notes of Decisions
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
· cites it 5× “630(2); that in turn permits them to be recovered under ORS 411.620. ORS 411.630(2) provides, in part: “A person may not transfer, conceal or dispose of any money or property with the intent: «⅜ ‡‡‡‡ “(b) Except as to a conveyance by the person to create a tenancy by the…”
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
· cites it 16× “350(2), ORS 411.620(2), and ORS 411.630(2). The court then awarded recovery to DHS in an amount equal to the value of the decedent’s half-interest in the property.”
Minor v. Adult & Fam. Servs. Div., 804 P.2d 1170 (Or. Ct. App. 1991).
· cites it 12× “” Petitioners argue that the only statutes that authorize the recovery of ADC overpayments are ORS 411.620 and ORS 411.635 and that neither authorizes a mandatory grant reduction.”
Oregon v. Hickey (In re Hickey), 473 B.R. 361 (Bankr. D. Or. 2012).
“ORS 411.620. Pursuant to that provision the State initiated an administrative proceeding which resulted in the liquidation of the State’s claim and issuance of a distraint warrant.”
Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014).
“Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620 (2). *253 «Hí ^ H* ‡ ^ “(6)(a) ‘Estate’ includes all real and personal property and other assets in which the deceased individual…”
Larsen v. Adult & Fam. Servs. Div., 579 P.2d 866 (Or. Ct. App. 1978).
“We hold, accordingly, that the policy of requiring recipients of medical assistance under the General Assistance Medical Only program to pay 10% of "requirements,” in addition to the income in excess of requirements, as a method of repaying an overpayment is a valid refinement…”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
· cites it 4× “The first statute on which the personal representative relies is ORS 411.620(1), which provides: “The division may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of general…”
State ex rel. Dep't of Human Servs. v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).
“Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620(2).” ORS 411.795(1) provides, in part: “The amount of any general assistance paid under this chapter is a claim against the…”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
· cites it 5× “The first statute on which the personal representative relies is ORS 411.620(1), which provides: "The division may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of general…”
State Ex Rel. Dept. of Hs v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).
“Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620(2)." ORS 411.795(1) provides, in part: "The amount of any general assistance paid under this chapter is a claim against the…”
— Or. Rev. Stat. § 411.620(1) — 4 cases
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
“The first statute on which the personal representative relies is ORS 411.620(1), which provides: “The division may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of general…”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
“The first statute on which the personal representative relies is ORS 411.620(1), which provides: "The division may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of general…”
— Or. Rev. Stat. § 411.620(2) — 6 cases
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
“350(2), ORS 411.620(2), and ORS 411.630(2). The court then awarded recovery to DHS in an amount equal to the value of the decedent’s half-interest in the property.”
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
“630(2); that in turn permits them to be recovered under ORS 411.620. ORS 411.630(2) provides, in part: “A person may not transfer, conceal or dispose of any money or property with the intent: «⅜ ‡‡‡‡ “(b) Except as to a conveyance by the person to create a tenancy by the…”
State ex rel. Dep't of Human Servs. v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).
“Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620(2).” ORS 411.795(1) provides, in part: “The amount of any general assistance paid under this chapter is a claim against the…”
State Ex Rel. Dept. of Hs v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).
“Transfers of real or personal property by recipients of such aid without adequate consideration are voidable and may be set aside under ORS 411.620(2)." ORS 411.795(1) provides, in part: "The amount of any general assistance paid under this chapter is a claim against the…”
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