Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 195 - LIENS, OVERPAYMENTS AND IPVS
Section 461-195-0350 - Procedure Where Injured Recipient is a Minor

Universal Citation: OR Admin Rules 461-195-0350

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Where the injured recipient is a minor, the Department may petition the court having probate jurisdiction in the county in which the minor lives to determine the sum that will be needed for the minor's complete physical rehabilitation. Except to the extent that of the federal share of the amount of a lien, the lien of the Department, including any lien assigned to a prepaid managed care health services organization, shall not attach to the amount of any sum needed for the rehabilitation.

(2) If the recipient is a minor, no payments to the Department in satisfaction of its lien and no payments to the recipient under a judgment, settlement, or compromise may be made until a hearing has taken place and the court has issued its order under ORS 416.590.

Stat. Auth.: ORS 409.050, 411.060 & 416.510 - 416.610

Stats. Implemented: ORS 25.020, 25.080, 409.020 & 411.060

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