71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 392
LC 931/SB 392-1
SENATE AMENDMENTS TO
SENATE BILL 392
By COMMITTEE ON HEALTH AND HUMAN SERVICES
May 4
On page 1 of the printed bill, line 3, delete '416.530 and
416.610' and insert '416.530, 416.540, 416.550, 416.560, 416.570,
416.580, 416.590, 416.600 and 416.610'.
In line 9, delete 'Adult and Family Services Division' and
insert 'Department of Human Services'.
In line 10, delete 'division' and insert 'department or by a
prepaid managed care health services organization for services
provided under contract pursuant to ORS 414.725'.
After line 15, insert:
' (6) 'Department' means the Department of Human Services.'.
In line 16, delete '(6)' and insert '(7)'.
In line 18, delete '(7)' and insert '(8)' and delete ' Prepaid
health plan' and insert 'Prepaid managed care health services
organization'.
In line 19, after 'with' delete the rest of the line and line
20 and insert 'the Department of Human Services on a prepaid
capitated basis'.
In line 21, after 'Plan' insert 'pursuant to ORS 414.725 ' and
delete 'health plans' and insert 'managed care health services
organizations'.
In line 23, delete '(8)' and insert '(9)'.
In line 24, delete '(9)' and insert '(10)'.
Delete line 26.
In line 30, delete 'Adult and Family Services Division' and
insert 'Department of Human Services'.
On page 2, line 1, delete 'prepaid health plan, if the
recipient is enrolled in such a plan' and insert 'prepaid managed
care health services organization, if the recipient is receiving
services from the organization'.
In line 11, delete the boldfaced material and delete 'Adult and
Family Services Division' and insert 'Department of Human
Services'.
In line 12, delete 'recipient is enrolled in such a plan, ' and
insert 'or the recipient's prepaid managed care health services
organization, if the recipient is receiving services from the
organization,' and delete 'or the'.
In line 13, delete the boldfaced material.
In line 15, delete 'division' and insert 'department' and
delete 'health plan' and insert 'managed care health services
organization'.
After line 16, insert:
' { + SECTION 4. + } ORS 416.540 is amended to read:
' 416.540. (1) Except as provided in subsection (2) of this
section and in ORS 416.590, the { - Adult and Family Services
Division - } { + Department of Human Services + } shall have a
lien upon the amount of any judgment in favor of a recipient or
amount payable to the recipient under a settlement or compromise
for all assistance received by such recipient from the date of
the injury of the recipient to the date of satisfaction of such
judgment or payment under such settlement or compromise.
' (2) The lien does not attach to the amount of any judgment,
settlement or compromise to the extent of attorney's fees, costs
and expenses incurred by a recipient in securing such judgment,
settlement or compromise and to the extent of medical, surgical
and hospital expenses incurred by { - such - } { + the + }
recipient on account of the personal injuries for which the
recipient had a claim.
' { + (3) The department may assign the lien described in
subsection (1) of this section to a prepaid managed care health
services organization for medical costs incurred by a recipient:
' (a) During a period for which the department paid a
capitation or enrollment fee; and
' (b) On account of the personal injury for which the recipient
had a claim.
' (4) A prepaid managed care health services organization to
which the department has assigned a lien shall notify the
department no later than 10 days after filing notice of a lien.
' (5) For the purposes of ORS 416.510 to 416.610, the
department may designate the prepaid managed care health services
organization to which a lien is assigned as its designee.
' (6) If the department and a prepaid managed care health
services organization both have filed a lien, the department's
lien shall be satisfied first. + }
' { + SECTION 5. + } ORS 416.550 is amended to read:
' 416.550. (1) Upon receiving notice under ORS 416.530, to
perfect its lien the { - Adult and Family Services Division - }
{ + Department of Human Services + } shall:
' (a) File a notice of lien, substantially in the form
prescribed in ORS 416.560, with the recording officer of the
county in which the person against whom claim is made or action
is brought resides. If the claim or action { - be - }
{ + is + } against a corporation, the notice of lien shall be
filed with the recording officer of the county within the state
in which such corporation has its principal place of business. If
the claim or action { - be - } { + is + } against a public
body, agency or commission, the notice of lien shall be filed
with the recording officer of the county in which the public
body, agency or commission has its main offices; and
' (b) Prior to the date of satisfaction of the judgment or
payment under the settlement or compromise, send a certified copy
of the notice of lien by registered mail or by certified mail
with return receipt to each person or public body, agency or
commission against whom claim is made or action is brought by the
recipient.
' (2) Upon the filing of a notice of lien by the
{ - division - } { + department + }, the recording officer
shall enter the name of the injured person, the approximate date
of the injury and the name of the { - division - }
{ + department + } as lienor in the hospital lien docket
provided for in ORS 87.575 and shall make an index thereto in the
names of the injured persons and the { - division - } { +
department + }.
' { + SECTION 6. + } ORS 416.560 is amended to read:
' 416.560. The form of the notice required by ORS 416.550 (1)
shall be substantially as follows:
' _______________________________________________________________
Notice is hereby given that the { - Adult and Family Services
Division - } { + Department of Human Services + } has rendered
assistance to ________, a person who was injured on or about the
__ day of ____ in the city of ____ and State of ____, and the
{ - Adult and Family Services Division - } { + Department of
Human Services + } hereby asserts a lien to the extent provided
in ORS 416.510 to 416.610, for the amount of such assistance upon
any amount due and owing ________ (name of injured person) under
a judgment, settlement or compromise from ____ alleged to have
caused such injuries and from any other person or public body,
agency or commission liable for the injury or obligated to
compensate the injured person on account of such injuries.
{ - Adult and Family Services Division - }
{ - by ________, Assistant Director. - }
{ + Department of Human Services + }
{ + by ________, Director of Human Services or designee. + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oreg)n,
) ss.
County of ____
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ________, being first duly sworn on oath say: That I am the
{ - Assistant Director for Adult and Family Services - } { +
Director of Human Services or designee + }; that I have read the
foregoing notice of lien and know the contents thereof and
believe the same to be true.
________
Subscribed and sworn to before me this __ day of ____ { +
, + } { - in the year of our Lord - } ____.
________, Notary Public.
' _______________________________________________________________
' { + SECTION 7. + } ORS 416.570 is amended to read:
' 416.570. Immediately after a judgment has been rendered in
favor of a recipient or a settlement or compromise has been
agreed upon, the person or public body, agency or commission
bound by such judgment, settlement or compromise shall notify the
{ - Adult and Family Services Division - } { + Department of
Human Services + }. After such notification the
{ - division - } { + department + } shall send a statement of
the amount of its lien to such person or public body, agency or
commission by registered mail or by certified mail with return
receipt.
' { + SECTION 8. + } ORS 416.580 is amended to read:
' 416.580. (1) After a notice of lien is filed in the manner
provided in ORS 416.550 (2), any person or public body, agency or
commission who makes any payment to the injured recipient, the
heirs, personal representatives or assigns of the recipient, or
their attorneys, under a judgment, settlement or compromise
without previously having paid to the { - Adult and Family
Services Division - } { + Department of Human Services + } the
amount of its lien, shall be liable to the State of Oregon, for
the use and benefit of the { - division - }
{ + department + } for a period of 180 days after the date of
such payment for the amount of such payment to the extent that
the lien attached thereto under ORS 416.540.
' (2) Any amount paid to the { - division - }
{ + department + } in satisfaction of its lien shall be
distributed by the { - division - } { + department + } to the
United States Government and the Public Welfare Account, as their
interests may appear.
' (3) If the recipient { - be - } { + is + } a minor, no
payments to the
{ - division - } { + department + } in satisfaction of its
lien and, except to the extent of the fees, costs and expenses
specified in ORS 416.540 (2), no payments to the recipient under
a judgment, settlement or compromise shall be made until a
hearing has taken place and the court has issued its order under
ORS 416.590.
' { + SECTION 9. + } ORS 416.590 is amended to read:
' 416.590. (1) If the recipient is a minor, after the date on
which a judgment in favor of the recipient is rendered or
settlement or compromise is agreed upon, the guardian of the
minor or the conservator of the estate of the minor shall
petition the court having probate jurisdiction in the county in
which the guardian or conservator was appointed to determine the
sum that will be needed for the minor's complete physical
rehabilitation. If the guardian or the conservator of the
minor's estate { - fail - } { + fails + } to petition the
court, any other interested person or public body, agency or
commission may file the petition. The lien of the
{ - Adult and Family Services Division - } { + Department of
Human Services + } provided for in ORS 416.510 to 416.610 shall
not attach to the amount of the judgment, settlement or
compromise to the extent of the sum needed for the
rehabilitation. Among other data, the petition shall contain the
name and address of each person or public body, agency or
commission liable to the minor under the judgment, settlement or
compromise.
' (2) The court shall conduct a hearing to determine the sum
that will be needed by the minor and at least 10 days prior to
the date of the hearing, the clerk of the court shall notify the
conservator of the minor's estate, the { - division - }
{ + department + } and the person who filed the petition, if the
person is someone other than the guardian or the conservator of
the minor's estate, of the date on which the hearing will be
held. At the hearing any interested person as well as witnesses
for the minor and for the
{ - division - } { + department + } may testify on the
question before the court. Upon reaching a decision, the court
shall issue an order setting forth the decision and the clerk of
the court shall enter the order in an appropriate record book.
The clerk shall also send a copy of the order to the guardian or
the conservator of the minor's estate, the person who filed the
petition if the person is someone other than the guardian or the
conservator of the minor's estate, the { - division - }
{ + department + } and to each person or public body, agency or
commission liable to the minor under the judgment, settlement or
compromise.
' { + SECTION 10. + } ORS 416.600 is amended to read:
' 416.600. When the { - Adult and Family Services
Division - } { + Department of Human Services + } determines
that a recipient will incur additional medical, surgical or
hospital expenses or that additional assistance will have to be
given to the recipient after the date of satisfaction of judgment
or payment under a settlement or compromise, the
{ - division - } { + department + } may release any portion of
its lien to the extent of such anticipated expenses and
assistance.'.
Delete line 17 and insert:
' { + SECTION 11. + } The amendments to ORS 416.510, 416.530,
416.540, 416.550, 416.560, 416.570, 416.580, 416.590, 416.600 and
416.610 by sections 1 to 10 of this'.
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