411.630
Unlawfully obtaining public assistance or medical assistance. (1) A person may not knowingly
obtain or attempt to obtain, for the benefit of the person or of another
person, any public assistance or medical assistance to which the person or
other person is not entitled under state law by means of:
(a) Any false
representation or fraudulent device, or
(b) Failure to
immediately notify the Department of Human Services or the Oregon Health
Authority, if required, of the receipt or possession of property or income, or
of any other change of circumstances, which directly affects the eligibility
for, or the amount of, the assistance.
(2) A person may
not transfer, conceal or dispose of any money or property with the intent:
(a) To enable the
person to meet or appear to meet any requirement of eligibility prescribed by
state law or by rule of the department or the authority for any type of public
assistance or medical assistance; or
(b) Except as to
a conveyance by the person to create a tenancy by the entirety, to hinder or
prevent the department or the authority from recovering any part of any claim
it may have against the person or the estate of the person.
(3) A person may
not knowingly aid or abet any person to violate any provision of this section.
(4) A person may
not receive, possess or conceal any money or property of an applicant for or
recipient of any type of public assistance or medical assistance with the
intent to enable the applicant or recipient to meet or appear to meet any
requirement of eligibility referred to in subsection (2)(a) of this section or,
except as to a conveyance by the applicant or recipient to create a tenancy by
the entirety, with the intent to hinder or prevent the department or the
authority from recovering any part of any claim it may have against the
applicant or recipient or the estate of the applicant or recipient. [Amended by
1963 c.499 §2; 1969 c.66 §1; 1971 c.779 §22; 2011 c.720 §116; 2013 c.688 §51]
Notes of Decisions
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
· cites it 6× “620(2), which states: “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 *674 aside the…”
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
· cites it 19× ““Except with respect to bona fide purchasers for value, the department * * * may prosecute a civil suit or action to set aside the transfer * * * of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department * * * may recover…”
State v. Willy, 585 P.2d 762 (Or. Ct. App. 1978).
· cites it 8× “840, and unlawfully obtaining public assistance, ORS 411.630. She assigns four alleged errors on appeal.”
State v. Warren, 430 P.3d 1036 (Or. 2018).
“055 (Count 4); and three counts of unsworn falsification, in violation of ORS 162.”
State v. Barnes, 676 P.2d 344 (Or. Ct. App. 1984).
“Defendant was found guilty of unlawfully obtaining public assistance under ORS 411.630. She claims that the trial court erred in refusing to grant her motion to dismiss the indictment on the ground that prosecution was barred by the statute of limitations.”
State v. Pirouzkar, 780 P.2d 802 (Or. Ct. App. 1989).
“ORS 411.630. She assigns as error the trial court’s denial of her motions to dismiss for failure to prosecute timely and the denial of her motion for a mistrial because of statements made by the prosecutor during closing arguments.”
State v. Roden, 339 P.2d 438 (Or. 1959).
“Roden, was accused in the circuit court for Marion county of the crime of unlawfully obtaining public assistance (ORS 411.630) and entered a plea of not guilty.”
In re Complaint as to the Conduct of A., 554 P.2d 479 (Or. 1976).
“Goheen learned that Goheen had committed a crime of welfare fraud in violation of ORS 411.630 by falsely representing that his mother, Cecile Dixon Goheen, was without assets and had applied to the State Public Welfare Commission for assistance for her support.”
State v. Mechler, 969 P.2d 1043 (Or. Ct. App. 1998).
“Defendant appeals a conviction of unlawfully obtaining public assistance, ORS 411.630, and makes two assignments of error.”
State v. Warren, 399 P.3d 1060 (Or. Ct. App. 2017).
· cites it 2× “ORS 411.630 prohibits a person from obtaining public assistance to which the person is not entitled to receive and ORS 411.”
Minor v. Adult & Fam. Servs. Div., 804 P.2d 1170 (Or. Ct. App. 1991).
· cites it 2× “620 provides, in pertinent part: “The division may prosecute a civil suit or action against any person who has obtained * * * public assistance * * * in violation of ORS 411.”
— Or. Rev. Stat. § 411.630(1) — 1 case
State v. Warren, 399 P.3d 1060 (Or. Ct. App. 2017).
“ORS 411.630 prohibits a person from obtaining public assistance to which the person is not entitled to receive and ORS 411.”
— Or. Rev. Stat. § 411.630(2) — 2 cases
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
“620(2), which states: “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 *674 aside the…”
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
““Except with respect to bona fide purchasers for value, the department * * * may prosecute a civil suit or action to set aside the transfer * * * of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department * * * may recover…”
— Or. Rev. Stat. § 411.630(2)(b) — 1 case
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
““Except with respect to bona fide purchasers for value, the department * * * may prosecute a civil suit or action to set aside the transfer * * * of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department * * * may recover…”
— Or. Rev. Stat. § 411.630(3) — 1 case
Dept. of Human Servs. v. Hobart, 507 P.3d 299 (Or. Ct. App. 2022).
““Except with respect to bona fide purchasers for value, the department * * * may prosecute a civil suit or action to set aside the transfer * * * of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department * * * may recover…”
— Or. Rev. Stat. § 411.630(l)(b) — 1 case
State v. Willy, 585 P.2d 762 (Or. Ct. App. 1978).
“840, and unlawfully obtaining public assistance, ORS 411.630. She assigns four alleged errors on appeal.”
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