(2) While the person is liable for the full cost of care, the maximum amount a person is required to pay toward the full cost of care shall be determined according to the person’s ability to pay. Ability to pay is determined as provided in ORS 179.640.
(3) Upon the death of a person, the decedent’s estate shall be liable for any unpaid cost of care. The liability of the decedent’s estate is limited to the cost of care incurred on or after July 24, 1979. The decedent’s estate shall not include assets placed in trust for the person by other persons. Collection of any amount from a decedent’s estate shall be pursuant to ORS 179.740.
(4) Regardless of subsection (1) of this section and ORS 179.610 (5), assets held in trust by a trustee for a person are subject to laws generally applicable to trusts.
(5) Notwithstanding subsections (1) and (3) of this section, the Department of Corrections, the Department of Human Services and the Oregon Health Authority may not collect the cost of care from:
(a) Any assets received by or owing to a person and the personal estate of the person, or the decedent’s estate, as compensation from the state for injury, death or, if the collection is being made by the Department of Corrections, the false imprisonment of the person that occurred when the person was in a state institution listed in ORS 179.321 or in the Eastern Oregon Training Center and for which the state admits liability or is found liable through adjudication; and
(b) Any real or personal property of the personal estate of the person, or the decedent’s estate, that the person or an authorized representative of the person can demonstrate was purchased solely with assets referred to in paragraph (a) of this subsection or partially with such assets, to the extent such assets were used in the purchase. [1959 c.652 §2; 1961 c.501 §1; 1973 c.823 §§122,158; 1979 c.684 §2; 1989 c.348 §2; 1999 c.159 §1; 2001 c.487 §2; 2009 c.595 §148; 2013 c.36 §58]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 179 - Administration of State Institutions
Section 179.010 - Definitions.
Section 179.040 - General powers and duties; rules.
Section 179.045 - Reports on convictions; forms; confidentiality.
Section 179.055 - Disposition of income from property; maintenance of property.
Section 179.210 - Claim for injury or damage; conditions.
Section 179.240 - Procedure where award due person owing debt to state.
Section 179.321 - Responsibility to supervise state institutions.
Section 179.331 - Appointment, suspension and removal of superintendents.
Section 179.340 - Salaries and expenses of superintendents.
Section 179.360 - Powers and duties of superintendents.
Section 179.375 - Chaplaincy services.
Section 179.380 - Employment of staff; oaths and bonds.
Section 179.405 - License required for teachers at institution.
Section 179.471 - Definitions for ORS 179.473 and 179.478.
Section 179.473 - Transfers between institutions; rules.
Section 179.492 - Dispensing of brand-name mental health drugs.
Section 179.495 - Disclosure of written accounts of adult in custody; penalty.
Section 179.505 - Disclosure of written accounts by health care services provider.
Section 179.507 - Enforcement of ORS 179.495 and 179.505; actions; venue; damages.
Section 179.508 - Disclosure of individually identifiable health information about adult in custody.
Section 179.509 - Reports on deaths at institutions; compilation submitted to President and Speaker.
Section 179.510 - "Funds" defined; deposit of funds of institution residents with State Treasurer.
Section 179.560 - Members; appointment; terms; meetings.
Section 179.570 - Powers and duties of board; report to legislature.
Section 179.580 - Ad hoc committees.
Section 179.610 - Definitions for ORS 179.610 to 179.770.
Section 179.620 - Liability of person or estate for cost of care.
Section 179.653 - Unpaid costs as lien on property; order; when appealable.
Section 179.655 - Enforcement of lien; distraint warrant.
Section 179.701 - Determination of cost-of-care rates.
Section 179.711 - Remittance of amounts due; refunds.
Section 179.740 - Collection from estates; settlement.
Section 179.750 - Equal care and services for persons in state institutions.