2017 ORS 179.740¹
Collection from estates
  • settlement

(1) The Department of Corrections, the Department of Human Services or the Oregon Health Authority, as appropriate, may file a claim against the decedent’s estate for any unpaid charges under ORS 179.620 (Liability of person or estate for cost of care) (3). This shall be done in the same manner as claims of creditors and with the priorities provided in ORS 115.125 (Order of payment of expenses and claims).

(2) If, within 90 days following the person’s death, the person’s estate is not otherwise being probated, the agency may petition any court of competent jurisdiction for the issuance of letters of administration or testamentary. This action would be for the purpose of collecting the full amount of unpaid cost of care as determined by ORS 179.701 (Determination of cost-of-care rates) and limited by ORS 179.620 (Liability of person or estate for cost of care) (3). However, the agency may not file a petition under this subsection until at least 90 days after the death of the person who was at the state institution and then only in the event that the person’s estate is not otherwise being probated.

(3) The agency may settle any claim against the decedent’s estate during the pendency of the probate proceeding by accepting other security or in any other equitable manner. The agency may waive all or part of the claim if it finds collection of this amount due to be inequitable.

(4) The agency may not recover amounts that exceed the total cost of care of the deceased person as computed under ORS 179.701 (Determination of cost-of-care rates) and limited by ORS 179.620 (Liability of person or estate for cost of care) (3). [1959 c.652 §§16,17,18; 1961 c.501 §4; 1969 c.591 §297; 1973 c.546 §11; 1979 c.684 §4; 1989 c.348 §10; 2001 c.487 §10; 2009 c.595 §156]

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.