2017 ORS 192.589¹
Financial institution records of deceased individual
  • disclosure to Department of Human Services or Oregon Health Authority
  • procedure

(1) At any time after an individual dies, the Department of Human Services or the Oregon Health Authority may deliver to a financial institution the written notice and request described in subsection (2) of this section.

(2) A written notice and request under this section must:

(a) Include the name, last known address and Social Security number of the deceased individual;

(b) State the date of the deceased individual’s death;

(c) State that the deceased individual received public assistance or medical assistance that was subject to a claim for reimbursement under ORS 411.640 (Overpayments of public assistance or medical assistance), 411.708 (Recovery of supplemental income program assistance from certain estates), 411.795 (Claim against estate of deceased recipient of general assistance) or 416.350 (Recovery of medical assistance); and

(d) Request that the financial institution provide all or any part of the following information to the department or the authority:

(A) Whether the financial institution held on the date of the deceased individual’s death any deposit account in the deceased individual’s name or in more than one name, one of which is the deceased individual’s name;

(B) The balance on deposit in each deposit account described in subparagraph (A) of this paragraph on the date of the deceased individual’s death;

(C) The name of each person to whom the financial institution disbursed funds from a deposit account described in subparagraph (A) of this paragraph on or after the date of the deceased individual’s death, if the financial institution closed the deposit account on or after the date of the deceased individual’s death;

(D) A record of the activity in each of the deposit accounts described in subparagraph (A) of this paragraph in the period that begins 30 days before the date of the deceased individual’s death and ends on the date of the deceased individual’s death;

(E) A copy of any affidavit or declaration the financial institution received under ORS 708A.430 (Disposition of deposit on death of depositor) or 723.466 (Disposition of deposit on death of depositor); and

(F) The name and address of any person named as an owner of a deposit account described in subparagraph (A) of this paragraph, if the financial institution has the information in the financial institution’s records.

(3) The department or the authority may submit an affidavit or declaration under ORS 708A.430 (Disposition of deposit on death of depositor) or 723.466 (Disposition of deposit on death of depositor) at the same time the department or authority submits a notice and request under subsection (2) of this section.

(4) The department and the authority shall reimburse a financial institution as provided in ORS 192.602 (Time for compliance) for all reasonable costs and expenses the financial institution incurs to provide information in response to a notice and request under subsection (2) of this section. [2015 c.129 §2; 2017 c.51 §3]

Chapter 192

Atty. Gen. Opinions

Attorney General’s Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­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.