2017 ORS 411.447¹
Suspension of medical assistance provided to inmates

(1) As used in this section, “correctional facility” means:

(a) A local correctional facility as defined in ORS 169.005 (Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800);

(b) A Department of Corrections institution as defined in ORS 421.005 (Definitions); or

(c) A youth correction facility as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(2) The Department of Human Services or the Oregon Health Authority shall suspend, instead of terminate, the medical assistance of a person who is residing in a correctional facility.

(3) Upon notification that a person described in subsection (2) of this section is not residing in a correctional facility or that the person is admitted to a medical institution outside of the correctional facility for a period of hospitalization, the department or the authority shall reinstate the person’s medical assistance if the person is eligible for medical assistance.

(4)(a) A designee of a correctional facility may apply for medical assistance on behalf of a person, while the person is residing in the correctional facility, for the purpose of establishing eligibility for medical assistance upon the person’s release from the correctional facility or during a period of hospitalization that will occur outside of the correctional facility.

(b) The designee may obtain information necessary to determine eligibility for medical assistance, including the person’s Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 (Disclosure and use of records limited to purposes connected to administration of public assistance programs) or 413.175 (Prohibition on disclosure of information). The information obtained under this paragraph may be used only for the purpose of assisting the person in applying for medical assistance and may not be redisclosed without the person’s authorization.

(c) If the person is determined eligible for medical assistance, the effective date of the person’s medical assistance shall be the date the person is released from the correctional facility or the date the person begins the period of hospitalization outside of the correctional facility.

(5) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for the medical assistance. [Formerly 414.440; 2015 c.836 §1]

Note: 411.447 (Suspension of medical assistance provided to inmates) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

1 Legislative Counsel Committee, CHAPTER 411—Public Assistance and Medical Assistance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors411.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 411, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano411.­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.