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Oregon Revised Statutes

Or. Rev. Stat. § 411.640 (2026)

Overpayments of public assistance or medical assistance

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      411.640 Overpayments of public assistance or medical assistance. A person has received an overpayment of public assistance or medical assistance, for purposes of ORS 411.703, if the person has:

      (1) Received, either for the benefit of the person or for the benefit of any other person, any amount or type of public assistance or medical assistance to which the person or the other person is not entitled under state law;

      (2) Spent lawfully received public assistance or medical assistance that was designated by the Department of Human Services or the Oregon Health Authority for a specific purpose on an expense not approved by the department or the authority and not considered a basic requirement under ORS 411.070 (2)(a) or a health service;

      (3) Misappropriated public assistance or medical assistance by cashing and retaining the proceeds of a check on which the person is not the payee and the check has not been lawfully indorsed or assigned to the person; or

      (4) Failed to reimburse the department or the authority, when required by law, for public assistance or medical assistance furnished for a need for which the person is compensated by another source. [1963 c.499 §4; 2007 c.118 §1; 2011 c.720 §119; 2013 c.688 §53]

 

      411.650 [1963 c.499 §5; 1965 c.300 §1; 1971 c.799 §23; 2003 c.576 §442; 2009 c.28 §1; renumbered 411.087 in 2009]

Notes of Decisions
Cited in 2 cases, 1980–1991 · leading case: Minor v. Adult & Fam. Servs. Div., 804 P.2d 1170 (Or. Ct. App. 1991).
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Minor v. Adult & Fam. Servs. Div., 804 P.2d 1170 (Or. Ct. App. 1991). · cites it 4× “Receipt of an overpayment is a violation of ORS 411.640, which makes it unlawful to receive any public assistance to which the recipient is not entitled, regardless of the cause of the overpayment.”
Adult & Fam. Servs. Div. v. Scoggins, 620 P.2d 962 (Or. Ct. App. 1980). · cites it 2× “630, or in violation of ORS 411.640. In such suit or action the division may recover the amount or value of such general assistance or public assistance so obtained in violation of ORS 411.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.