2017 ORS 87.539¹
Discharge or release of lien claim
  • recordation
  • penalty for failure to discharge or release lien claim

(1) When a long term care facility receives payment from an individual, an individual’s estate, the State of Oregon or any other source for the care claimed in a notice of lien filed under ORS 87.507 (Perfecting lien), the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate declaring that payment has been received and that the lien is discharged.

(2) Within 20 days after being notified that the individual is eligible for Medicaid, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate releasing the claim of lien upon any property protected under ORS 87.533 (Assets and income that are exempt from lien).

(3) The recording officer of the county shall record the certificate of discharge or release in the statutory lien record.

(4) If, after receiving payment for the care claimed in a notice of lien filed under ORS 87.507 (Perfecting lien), a long term care facility fails to discharge the lien or release the claim of lien within 10 days, the long term care facility is liable to the individual or to the spouse or the estate of the individual for $100 or the amount of actual damages, whichever amount is greater.

(5) In all actions brought under this section, the court may allow reasonable attorney fees at trial and on appeal to the prevailing party. [1995 c.749 §10; 1997 c.744 §10; 2009 c.628 §5]

Note: See note under 87.501 (Definitions for ORS 87.501 to 87.542).

Notes of Decisions

Tender of amount claimed in notice of lien is sufficient to trigger obliga­tion to discharge lien. King City Rehab, LLC v. Clackamas County, 214 Or App 333, 164 P3d 1190 (2007)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors087.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano087.­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.