75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to HB 2759
 
LC 3643/HB 2759-3
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2759
 
                    By COMMITTEE ON JUDICIARY
 
                             June 2
 
  On page 1 of the printed bill, line 3, after 'ORS' insert '
87.517, 87.539 and'.
  On page 2, line 15, delete 'in' and insert 'concerning the
status or effect of'.
  On page 3, line 30, delete 'person' and insert 'bona fide
purchaser for value'.
  In line 31, delete 'or person'.
  In line 32, after 'deed' insert 'reconveyance or trustee's
deed'.
  After line 32, insert:
  '  { +  SECTION 4. + } ORS 87.517 is amended to read:
  ' 87.517. The recording officer of the county shall record the
notices filed under ORS 87.507 in the  { + statutory lien + }
record
  { - of deeds and mortgages - } .
  '  { +  SECTION 5. + } ORS 87.539 is amended to read:
  ' 87.539. (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, 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.
  ' (3) The recording officer of the county shall record the
certificate of discharge or release in the   { - appropriate - }
 { + statutory + } lien   { - docket - }  { +  record + }.
  ' (4) If, after receiving payment for the care claimed in a
notice of lien filed under ORS 87.507, 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.
  '  { +  SECTION 6. + }  { + The amendments to ORS 87.517 and
87.539 by sections 4 and 5 of this 2009 Act apply to liens under
ORS 87.503 that the recording officer of a county records on or
after the effective date of this 2009 Act and to discharges or
releases of those liens. + } ' .
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