Current through Register Vol. 63, No. 12, December 1, 2024
(1) Purpose. This rule establishes procedures
for implementing recoupment liens used in carrying out Reimbursement Orders
issued by the Division.
(2)
Statutory Authority and Procedure. This rule is authorized by ORS
179.770 and
430.041 and carries out the
provisions of ORS 179.653 and
179.655.
(3) Definitions. As used in this rule:
(a) "Cost of Care" means the cost determined
by the Division in accordance with ORS
179.701;
(b) "Division" means the Addictions and
Mental Health Division of the Oregon Health Authority;
(c) "Person" means:
(A) A patient who is receiving or has
received treatment or care at a state institution for the mentally
ill;
(B) A current or former
resident at a state institution for the mentally retarded.
(d) "Person's Representative" means a
conservator, guardian of the person, or estate of the person in a state
institution, or an individual who has been appointed by a court in this or
another state or by Federal Court to serve as the legal representative of a
person in a state institution, and also includes an individual whom a person in
a state institution has designated to receive the notice of information
involved in the particular transaction;
(e) "Recoupment Lien" means a charge or
security or encumbrance upon real or personal property that can be used to
satisfy the amount due for the person's cost of care;
(f) "Reimbursement Order" means the order
issued to determine the person's ability to pay pursuant to ORS
179.640(1) and
(2);
(g) "State Institution" means Dammasch State
Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training
Center in Salem, and Eastern Oregon Hospital and Training Center in
Pendleton;
(h) "Warrant" means the
document issued by the Division directed to the sheriff of any county of the
state commanding the sheriff to levy upon and sell the real and personal
property which is subject to satisfaction of the recoupment lien.
(4) Enforcement of Lien by
Issuance of Warrant. The Division shall enforce its recoupment lien created by
ORS 179.653 by issuance of a warrant
in the manner stated in 179.655. Any warrant issued by the Division pursuant to
179.655 shall clearly provide that the sheriff or other person executing the
warrant shall not levy upon and sell any real or personal property that would
be exempt under Oregon law from execution pursuant to a judgment. However, the
Division shall not issue a warrant pursuant to 179.655 where:
(a) The amount due to the Division for the
cost of care of a person in a state institution is not at least 30 days
overdue;
(b) Provision has been
made to secure the payment by bond or deposit or otherwise in conformance with
section (5) of this rule;
(c) The
person has exercised the right to appeal the Reimbursement Order pursuant to
OAR 309-012-0025(6)
and that appeal is still pending;
(d) Sixty-one days have not passed since the
issuance of the Reimbursement Order;
(e) The person or the person's representative
has not been given at least ten days' prior written notice that the Division
intends to issue such a warrant.
(5) Methods of Securing Satisfaction of
Reimbursement Order:
(a) The issuance of a
warrant to the sheriff to enforce collection of delinquent money due the
Division for the cost of care for a person in a state institution will be
stayed either by paying the amount due and accrued interest after it becomes
due or by securing payment of that amount by bond or deposit or
otherwise;
(b) The bond given by
the person must be for an amount not less than the amount due, plus interest
for a reasonable period determined by the Division:
(A) The bond must be executed by:
(i) A surety company which is registered
with, and under the supervision of, the Insurance Commissioner of the State of
Oregon; or
(ii) By two or more
individual sureties, each of whom shall be a resident and homeowner or holder
of an interest in land within the state and each of whom shall be worth sums
specified in the under-taking, exclusive of property exempt from execution and
over and above all valid debts and liability.
(B) The Division may allow more than two
sureties to justify several amounts less than that expressed in the
undertaking, if the whole justification is equivalent to that of two sufficient
undertakings.
(c) Any
one of the following items, or combination of items acceptable to the Division,
equal to the amount due, plus accrued interest thereon, may be deposited with
the Division:
(B) A certified check or
checks on any state or national bank within the State of Oregon payable to the
Division;
(C) Satisfactory bonds
negotiable by delivery, or obligations by the U.S. Government negotiable by
delivery; or
(D) Any other security
satisfactory to the Division.
(d) The Division may require additional
security whenever, in its opinion, the value of the security pledged is no
longer sufficient to adequately secure the payment of the amount due, plus
accrued interest thereon.
(6) Release of Tax Lien and Clouds on Title.
Any request made to the Division for the release of a warrant, where such
warrant is not in fact a lien on title to the real property in question but
merely a cloud on the title to such real estate, shall be accompanied by a
statement. This statement shall show the facts affecting the title to the real
property in question that render the Division's warrant a cloud on the title to
such real property and the reasons the warrant does not actually constitute a
lien thereon:
(a) This type of request for
release of a warrant should be accompanied by a current title report;
(b) The Division may require other
documentary proof showing the present condition of the title to the property in
question.
Stat. Auth.: ORS
179.770,
413.042 & 431.021
Stats. Implemented: ORS
179.610 -
179.770
