Holding of certain lottery prizes for overpayment of assistance
- • rules
- • procedures
(1) As used in this section, “assistance” includes:
(a) Medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414).
(b) Public assistance as defined in ORS 411.010 (Definitions).
(d) Any other benefit, aid or assistance for which the Department of Human Services or Oregon Health Authority is authorized to issue a final order for an overpayment under ORS chapter 183.
(2) The Oregon State Lottery Commission, by rule, shall develop procedures whereby:
(a) Before paying any portion of a lottery prize in excess of $600, the Director of the Oregon State Lottery must check the names of the persons entitled to payment against a computer database containing the names and Social Security numbers of persons that have received an overpayment of assistance for which the Department of Human Services or the Oregon Health Authority has issued a final order for overpayment under ORS chapter 183.
(b) When the person is listed in the database, the commission shall:
(A) Place a 30-day hold on any payment to the person;
(B) Inform the person of the hold; and
(C) Notify the department or the authority that a recipient of an overpayment of assistance has won a lottery prize in excess of $600 or is entitled to payment in excess of $600 on a lottery prize.
(c) If a garnishment proceeding is initiated under ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form) within the 30-day hold period, the commission must continue to hold any payment to the person pending disposition of the proceeding.
(d) If a garnishment proceeding is not initiated under ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form) within the 30-day hold period, the commission shall pay the prize to the person at the end of the 30-day hold period or when the department or authority notifies the commission that a garnishment proceeding will not be initiated, whichever is sooner.
(3) The commission shall establish and operate a data match system using automated data exchanges with the department and the authority that identifies persons that have received an overpayment of assistance for which a final order for overpayment has been issued by the department or the authority under ORS chapter 183. Any information necessary to identify the person and hold a payment on a prize must be available to the commission through the data match system.
(4) The commission shall enter into an agreement regarding the procedures required by subsections (2) and (3) of this section with the department and the authority.
(5) Payment of any past-due child support has priority over the recovery of any overpayment of assistance from a lottery prize under this section. [2015 c.711 §2]
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