72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 500
 
                         House Bill 2155
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes Department of Human Services to bring action under
certain conditions to recover amount of assistance paid.
 
                        A BILL FOR AN ACT
Relating to actions brought by Department of Human Services;
  creating new provisions; and amending ORS 416.550.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 416.510 to 416.610. + }
  SECTION 2.  { + (1) The Department of Human Services may bring
an action in its own name or in the name of a recipient to
recover the amount of assistance that the department paid on
behalf of a recipient if:
  (a) More than six months have passed since the occurrence of
the act or omission that caused the personal injuries that gave
rise to the provision of assistance; and
  (b) The recipient has not commenced an action to recover
damages for the personal injuries.
  (2) The department may give the notice required by ORS 30.275
on behalf of a recipient who has a claim against a public body,
as defined in ORS 30.260.
  (3) A recipient on whose behalf an action is brought under this
section shall cooperate with the department. The recipient may
retain separate counsel to represent the interests of the
recipient in the action.
  (4) An action commenced by the department under this section is
limited to the amount of assistance received by the
recipient. + }
  SECTION 3. ORS 416.550 is amended to read:
  416.550. (1) Upon receiving notice under ORS 416.530 { +  or
bringing an action under section 2 of this 2003 Act + }, to
perfect its lien the 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 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 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 department, the
recording officer shall enter the name of the injured person, the
approximate date of the injury and the name of the 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 department.
  SECTION 4.  { + Section 2 of this 2003 Act and the amendments
to ORS 416.550 by section 3 of this 2003 Act apply to actions to
recover amount of assistance paid that arise on or after the
effective date of this 2003 Act. + }
                         ----------