2017 ORS 169.166¹
Liability for costs of medical services

Notwithstanding ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid) and 169.150 (Payment of expenses of keeping prisoners) and except as otherwise provided in ORS 414.805 (Liability of individual for medical services received while in custody of law enforcement officer) and 414.807 (Oregon Health Authority to pay for medical services related to law enforcement activity):

(1) An individual who receives medical services not provided by the county or city while in the custody of a local correctional facility or juvenile detention facility is liable:

(a) To the provider of the medical services not provided by the county or city for the charges and expenses therefor; and

(b) To the keeper of the local correctional facility for any charges or expenses paid by the keeper of the facility for the medical services not provided by the county or city.

(2) A person providing medical services not provided by the county or city to an individual described in subsection (1)(a) of this section shall first make reasonable efforts to collect the charges and expenses thereof from the individual before seeking to collect them from the keeper of the local correctional facility.

(3)(a) Except as otherwise provided in subsection (4) of this section, if the provider has not been paid within 45 days of the date of the billing, the provider may bill the keeper of the local correctional facility who shall pay the account in accordance with ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid) and 169.150 (Payment of expenses of keeping prisoners).

(b) A bill submitted to the keeper of a local correctional facility under this subsection must be accompanied by evidence documenting that:

(A) The provider has billed the individual or the individual’s insurer or health care service contractor for the charges or expenses owed to the provider; and

(B) The provider has made a reasonable effort to collect from the individual or the individual’s insurer or health care service contractor the charges and expenses owed to the provider.

(c) If the provider receives payment from the individual or the insurer or health care service contractor after receiving payment from the keeper of the facility, the provider shall repay the keeper the amount received from the keeper less any difference between payment received from the individual, insurer or contractor and the amount of the billing.

(4) Except as otherwise provided by ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) and federal civil rights laws, upon release of the individual from the actual physical custody of the local correctional facility, the keeper of the local correctional facility is not liable for the payment of charges and expenses for medical services provided to the individual. [1991 c.778 §6; 1999 c.801 §3; 2007 c.71 §53]

Note: 169.166 (Liability for costs of medical services) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Under Former Similar Statute (Ors 30.795)

When individual receives emergency medical care while in custody of law en­force­­ment of­fi­cer, public agency that employs of­fi­cer is liable, not county correc­tional facility individual may be sent to in future. Emanuel Hospital v. Umatilla County, 314 Or 393, 840 P2d 56 (1992); Emanuel Hospital v. Multnomah County, 314 Or 404, 840 P2d 62 (1992)

Under Former Similar Statute (Ors 169.165)

Where county is re­quired to “pay the amount in accordance with ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid) and 169.150 (Payment of expenses of keeping prisoners),” hospital could pursue claims against county under those statutes, but liability could not be imposed on county for medical care of per­son except insofar as county otherwise would have been liable under ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid) and 169.150 (Payment of expenses of keeping prisoners). Salem Hospital v. Marion County, 307 Or 213, 766 P2d 376 (1988)

Chapter 169

Law Review Cita­tions

53 OLR 32 (1973)

1 Legislative Counsel Committee, CHAPTER 169—Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors169.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 169, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano169.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.