2007 ORS 426.241¹
Payment of care, custody and treatment costs
  • denial of payment
  • rules

(1) The cost of emergency psychiatric care, custody and treatment related to or resulting from such psychiatric condition, provided by a hospital or other facility approved by the Department of Human Services and the community mental health and developmental disabilities program director of the county in which the facility is located, except a state mental hospital, for an allegedly mentally ill person admitted or detained under ORS 426.070 (Initiation), 426.140 (Place of confinement), 426.228 (Custody), 426.232 (Physician emergency admission) or 426.233 (Authority of community mental health and developmental disabilities program director and of other persons), or for a mentally ill person admitted or detained under ORS 426.150 (Transportation to treatment facility), 426.223 (Retaking persons in custody of or committed to department), 426.273 (Trial visits), 426.275 (Effect of failure to adhere to condition of placement) or 426.292 (Release prior to expiration of term of commitment), shall be paid by the county of which the person is a resident from state funds provided it for this purpose. The county is responsible for the cost when state funds available therefor are exhausted. The hospital or other facility shall charge to and collect from the person, third party payers or other persons or agencies otherwise legally responsible therefor, the costs of the emergency care, custody and treatment, as it would for any other patient, and any funds received shall be applied as an offset to the cost of the services provided under this section.

(2) If any person is admitted to or detained in a state mental hospital under ORS 426.070 (Initiation), 426.140 (Place of confinement), 426.180 (Emergency commitment of certain Native Americans) to 426.210 (Limit of detention after commitment in emergency proceedings), 426.228 (Custody), 426.232 (Physician emergency admission) or 426.233 (Authority of community mental health and developmental disabilities program director and of other persons) for emergency care, custody or treatment, the department shall charge to and collect from the person, third party payers or other persons or agencies otherwise legally responsible therefor, the costs as it would for other patients of the state mental hospitals under the provisions of ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules).

(3) If any person is adjudged mentally ill under the provisions of ORS 426.130 (Court determination of mental illness), and the person receives care and treatment in a state mental hospital, the person, third party payers or other persons or agencies otherwise legally responsible therefor, shall be required to pay for the costs of the hospitalization at the state hospital, as provided by ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules), if financially able to do so.

(4) For purposes of this section and ORS 426.310 (Reimbursement of county in case of nonresident patients) "resident" means resident of the county in which the person maintains a current mailing address or, if the person does not maintain a current mailing address within the state, the county in which the person is found, or the county in which a court-committed mentally ill person has been conditionally released.

(5)(a) The department may deny payment for part or all of the emergency psychiatric services provided by a hospital or nonhospital facility under ORS 426.232 (Physician emergency admission), 426.233 (Authority of community mental health and developmental disabilities program director and of other persons) or 426.237 (Prehearing detention) when the department finds, upon review, that the allegedly mentally ill person’s condition did not meet the admission criteria in ORS 426.232 (Physician emergency admission) (1), 426.233 (Authority of community mental health and developmental disabilities program director and of other persons) (1) or 426.237 (Prehearing detention) (1)(b)(A). The payer responsible under this section shall make a request for denial of payment for emergency psychiatric services provided under ORS 426.232 (Physician emergency admission), 426.233 (Authority of community mental health and developmental disabilities program director and of other persons) or 426.237 (Prehearing detention) in writing to the department.

(b) The department may require the following to provide the department with any information the department determines necessary to review a request for denial of payment made under this subsection and to make a finding, or to conduct review of emergency psychiatric services for the purpose of planning or defining standards in department rule:

(A) A hospital or nonhospital facility approved under ORS 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention).

(B) A physician or a person providing emergency psychiatric services under ORS 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention).

(c) The department shall adopt rules necessary to carry out the purposes of this subsection. [1977 c.764 §5 (enacted in lieu of 426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21]

Notes of Decisions

The doctor-patient privilege applies under these sec­tions. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Prior to commit­ment there must be evidence proving beyond a reasonable doubt that the individual is mentally ill as defined. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

The Oregon commit­ment statutes are not unconstitu­tional on the grounds of vagueness or as an invasion of privacy as protected by the Ninth and Fourteenth Amend­ments to the United States Constitu­tion. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Oregon Constitu­tion did not require jury in mental commit­ment hearings. State v. Mills, 36 Or App 727, 585 P2d 1143 (1978), Sup Ct review denied

Alleged mentally ill per­son does not have right to remain silent in civil commit­ment pro­ceed­ing. State v. Matthews, 46 Or App 757, 613 P2d 88 (1980), Sup Ct review denied

Law Review Cita­tions

9 WLJ 63-85 (1973)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commit­ment provides adequate procedural safeguards which satisfies the require­ments of due process and equal protec­tion. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commit­ment costs, (1979) Vol 40, p 147; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 448 (1979)


1 Legislative Counsel Committee, CHAPTER 426—Persons With Mental Illness; Sexually Dangerous Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­426.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 426, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­426ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.