2017 ORS 411.635¹
Recovery of improperly disbursed public assistance or medical assistance

(1)(a) Medical assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 (Unlawfully obtaining public assistance or medical assistance) may be recouped pursuant to ORS 293.250 (Collections Unit) by the Oregon Health Authority or the Department of Human Services.

(b) Public assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 (Unlawfully obtaining public assistance or medical assistance) may be recouped pursuant to ORS 293.250 (Collections Unit) by the department.

(2) The department and the authority may also recoup public assistance and medical assistance improperly disbursed from earnings that the state disregards pursuant to ORS 411.083 (Income and resources that may be disregarded in determining eligibility for public assistance and medical assistance) and 412.007 (Determination of amount of aid) as follows:

(a) The department and the authority shall notify the recipient that the recipient may elect to limit the recoupment monthly to an amount equal to one-half the amount of disregarded earnings by granting the department or the authority a confession of judgment for the amount of the overpayment.

(b) If the recipient does not elect to grant the confession of judgment within 30 days the department or the authority may recoup the overpayment from the entire amount of disregarded earnings. The recipient may at any time thereafter elect to limit the monthly recoupment to one-half the disregarded earnings by entering into a confession of judgment.

(3) The department and the authority shall not execute on a confession of judgment until the recipient is no longer receiving public assistance or medical assistance and has either refused to agree to or has defaulted on a reasonable plan to satisfy the judgment.

(4) This section does not prohibit the department or the authority from adopting rules to exempt from recoupment any portion of disregarded earnings. [1979 c.719 §2; 2011 c.720 §118; 2013 c.688 §52a; 2015 c.765 §26]

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.