2017 ORS 179.620¹
Liability of person or estate for cost of care

(1) A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701 (Determination of cost-of-care rates).

(2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay. Ability to pay is determined as provided in ORS 179.640 (Determination of ability to pay).

(3) Upon the death of a person, the decedent’s estate shall be liable for any unpaid cost of care. The liability of the decedent’s estate is limited to the cost of care incurred on or after July 24, 1979. The decedent’s estate shall not include assets placed in trust for the person by other persons. Collection of any amount from a decedent’s estate shall be pursuant to ORS 179.740 (Collection from estates).

(4) Regardless of subsection (1) of this section and ORS 179.610 (Definitions for ORS 179.610 to 179.770) (5), assets held in trust by a trustee for a person are subject to laws generally applicable to trusts.

(5) Notwithstanding subsections (1) and (3) of this section, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may not collect the cost of care from:

(a) Any assets received by or owing to a person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 (Responsibility to supervise state institutions) or in the Eastern Oregon Training Center and for which the state admits liability or is found liable through adjudication; and

(b) Any real or personal property of the personal estate of the person, or the decedent’s estate, that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase. [1959 c.652 §2; 1961 c.501 §1; 1973 c.823 §§122,158; 1979 c.684 §2; 1989 c.348 §2; 1999 c.159 §1; 2001 c.487 §2; 2009 c.595 §148; 2013 c.36 §58]

Notes of Decisions

State is entitled to reimburse­ment for cost of institutionaliza­tion from assets of institu­tionalized per­son, including cash and savings accounts, and is not limited to reimburse­ment from current income of institu­tionalized per­son. McCauley v. Depart­ment of Revenue, 30 Or App 87, 566 P2d 537 (1977), Sup Ct review denied

Purported inequality arising from Mental Health Division’s practice of charging per­sons other than transferees from Depart­ment of Correc­tions did not immunize peti­tioners under Equal Protec­tion Clauses of state and federal constitu­tions from lawful obliga­tions to pay charges for cost of care at division’s facilities. Fredenburg v. Mental Health Div., 106 Or App 337, 807 P2d 812 (1991), as modified by 107 Or App 425, 812 P2d 432 (1991)

Atty. Gen. Opinions

Liability for cost of care of per­son in state institu­tion, (1975) Vol 37, p 357

Notes of Decisions

Parents were not denied equal protec­tion by require­ment that they pay support pursuant to [former] ORS 419.513 for child placed in foster care, for foster home is not “state institu­tion” for purposes of these sec­tions. State ex rel Juvenile Depart­ment v. Rankin, 30 Or App 239, 566 P2d 1209 (1977)

Atty. Gen. Opinions

Status of a responsible relative of a needy recipient when the responsible relative is also subject to pay­ment of support for an­oth­er relative in a state institu­tion, (1973) Vol 36, p 608; release of patient’s confidential case records, (1974) Vol 36, p 1080; authority of Depart­ment of Revenue for access to confidential medical in­for­ma­­tion to apply on behalf of patient under care of Mental Health Division for medical benefits, (1974) Vol 37, p 269; Mental Health Division billing for prisoner-patients transferred from correc­tional institu­tions to state institu­tions for mentally ill for cost of care and treat­ment, (1981) Vol 41, p 365

1 Legislative Counsel Committee, CHAPTER 179—Administration of State Institutions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors179.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 179, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano179.­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.