416.540 Lien
of department and authority; assignment of lien to prepaid managed care health
services organization or coordinated care organization. (1) Except as provided in
subsection (2) of this section and in ORS 416.590, the Department of Human
Services and the Oregon Health Authority shall have a lien upon the amount of
any judgment in favor of a recipient or amount payable to the recipient under a
settlement or compromise for all assistance received by such recipient from the
date of the injury of the recipient to the date of satisfaction of such
judgment or payment under such settlement or compromise.
(2) The lien does
not attach to the amount of any judgment, settlement or compromise to the
extent of attorney’s fees, costs and expenses incurred by a recipient in
securing such judgment, settlement or compromise and to the extent of medical,
surgical and hospital expenses incurred by the recipient on account of the
personal injuries for which the recipient had a claim.
(3) The authority
may assign the lien described in subsection (1) of this section to a prepaid
managed care health services organization or a coordinated care organization
for medical costs incurred by a recipient:
(a) During a
period for which the authority paid a capitation or enrollment fee or a payment
using a global payment methodology; and
(b) On account of
the personal injury for which the recipient had a claim.
(4) A prepaid
managed care health services organization or a coordinated care organization to
which the authority has assigned a lien shall notify the authority no later than
10 days after filing notice of a lien.
(5) For the
purposes of ORS 416.510 to 416.610, the authority may designate the prepaid
managed care health services organization or the coordinated care organization
to which a lien is assigned as its designee.
(6) If the
authority and a prepaid managed care health services organization or a
coordinated care organization both have filed a lien, the authority’s lien
shall be satisfied first. [Formerly 411.558; 2001 c.600 §4; 2009 c.595 §348;
2011 c.602 §51; 2012 c.8 §27]
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1992–2025 · leading case:
White v. Jubitz Corp., 182 P.3d 215 (Or. Ct. App. 2008).
White v. Jubitz Corp., 182 P.3d 215 (Or. Ct. App. 2008).
· cites it 3× “In King , we addressed “incur” as it was used in ORS 416.540, which attached a statutory lien in favor of the Oregon Department of Human Services to a welfare recipient’s tort recovery after deducting, among other things, “medical * * * expenses incurred” by the welfare…”
State, Dept. Human Res. Afsd v. Northland Ins. Co., 911 P.2d 942 (Or. Ct. App. 1996).
· cites it 8× “AFSD asserted that those documents by themselves established a “prima facie” entitlement to foreclosure pursuant to ORS 416.540. That statute provides in part: “(1) * * * The Adult and Family Services Division shall have a hen upon the amount of any judgment in favor of a…”
State v. Peters, 946 A.2d 1231 (Conn. 2008).
· cites it 2× “2008); Or. Rev. Stat. § 416.540 (2007); 62 Pa. Cons.”
King v. Oregon Dep't of Human Servs., 921 P.2d 1326 (Or. Ct. App. 1996).
· cites it 6× “1 Defendant acted pursuant to ORS 416.540, which provides: “(1) Except as provided in subsection (2) of this section and in ORS 416.”
Christensen v. Adult & Fam. Servs. Div., 857 P.2d 162 (Or. Ct. App. 1993).
· cites it 11× “AFSD asserted liens on the settlements pursuant to ORS 416.540. As a result of the lien, petitioner Winn paid $4,748.”
Valley Credit Serv., Inc. v. Kelley, 994 P.2d 1229 (Or. Ct. App. 2000).
“555(1) (hospital lien attaches to damages awarded for injury for which debtor was treated); ORS 416.540(1) (state personal injury lien attaches to damages awarded for injury for which debtor received state assistance).”
Or. Rev. Stat. § 416.540(1): 2 cases
Valley Credit Serv., Inc. v. Kelley, 994 P.2d 1229 (Or. Ct. App. 2000).
“555(1) (hospital lien attaches to damages awarded for injury for which debtor was treated); ORS 416.540(1) (state personal injury lien attaches to damages awarded for injury for which debtor received state assistance).”
Or. Rev. Stat. § 416.540(2): 3 cases
White v. Jubitz Corp., 182 P.3d 215 (Or. Ct. App. 2008).
“In King , we addressed “incur” as it was used in ORS 416.540, which attached a statutory lien in favor of the Oregon Department of Human Services to a welfare recipient’s tort recovery after deducting, among other things, “medical * * * expenses incurred” by the welfare…”
King v. Oregon Dep't of Human Servs., 921 P.2d 1326 (Or. Ct. App. 1996).
“1 Defendant acted pursuant to ORS 416.540, which provides: “(1) Except as provided in subsection (2) of this section and in ORS 416.”
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.