2021 Oregon Revised Statutes
Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing
Section 426.241 - Payment of care, custody and treatment costs; denial of payment; rules.


(2) If any person is admitted to or detained in a state hospital under ORS 426.070, 426.140, 426.180 to 426.210, 426.228, 426.232 or 426.233 for emergency care, custody or treatment, the authority shall charge to and collect from the person, third party payers or other legally or financially responsible individuals or entities the costs as it would for other patients of the state hospitals under the provisions of ORS 179.610 to 179.770.
(3) If any person is adjudged to have a mental illness under the provisions of ORS 426.130, or determined to be an extremely dangerous person with mental illness under ORS 426.701 or 426.702, and the person receives care and treatment in a state hospital, the person, third party payers or other legally or financially responsible individuals or entities shall be required to pay for the costs of the hospitalization at the state hospital, as provided by ORS 179.610 to 179.770, if financially able to do so.
(4) For purposes of this section and ORS 426.310, "resident" means resident of the county in which the person maintains a current mailing address or, if the person does not maintain a current mailing address within the state, the county in which the person is found, or the county in which a court-committed person has been conditionally released.
(5)(a) The authority may deny payment for part or all of the emergency psychiatric services provided by a hospital or nonhospital facility under ORS 426.232, 426.233 or 426.237 when the authority finds, upon review, that the condition of the person alleged to have a mental illness did not meet the admission criteria in ORS 426.232 (1), 426.233 (1) or 426.237 (1)(b)(A). The payer responsible under this section shall make a request for denial of payment for emergency psychiatric services provided under ORS 426.232, 426.233 or 426.237 in writing to the authority.
(b) The authority may require the following to provide the authority with any information that the authority determines is necessary to review a request for denial of payment made under this subsection or to conduct a review of emergency psychiatric services for the purpose of planning or defining authority rules:
(A) A hospital or nonhospital facility approved under ORS 426.228 to 426.235 or 426.237.
(B) A physician or a person providing emergency psychiatric services under ORS 426.228 to 426.235 or 426.237.
(c) The authority shall adopt rules necessary to carry out the purposes of this subsection. [1977 c.764 §5 (enacted in lieu of 426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21; 2009 c.595 §411; 2013 c.715 §§8,19; 2015 c.785 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing

Section 426.005 - Definitions for ORS 426.005 to 426.390.

Section 426.020 - Superintendent; chief medical officer.

Section 426.060 - Commitment to Oregon Health Authority; powers of authority; placement; transfer.

Section 426.070 - Initiation; notification required; recommendation to court; citation.

Section 426.072 - Care while in custody; responsibilities of licensed independent practitioner; rules.

Section 426.074 - Investigation; procedure; content; report.

Section 426.075 - Notice and records of treatment prior to hearing; procedures.

Section 426.095 - Commitment hearing; postponement; right to cross-examine; admissibility of investigation report.

Section 426.100 - Advice of court; appointment of legal counsel; costs; representation of state’s interest.

Section 426.110 - Appointment of examiners; qualifications; costs.

Section 426.120 - Examination report; rules.

Section 426.123 - Observation of person in custody; warning; evidence.

Section 426.125 - Qualifications and requirements for conditional release.

Section 426.127 - Outpatient commitment.

Section 426.129 - Community liaison.

Section 426.130 - Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment.

Section 426.133 - Assisted outpatient treatment.

Section 426.140 - Place of confinement; attendant.

Section 426.150 - Transportation to treatment facility.

Section 426.155 - Release of information about person held in custody pending commitment proceeding or while committed or recommitted.

Section 426.160 - Disclosure of record of commitment proceeding.

Section 426.180 - Emergency commitment of individuals in Indian country.

Section 426.220 - Voluntary admission; leave of absence; notice to parent or guardian.

Section 426.225 - Voluntary admission to state hospital of committed person; examination by licensed independent practitioner.

Section 426.228 - Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person.

Section 426.231 - Hold by licensed independent practitioner; when authorized; statement required.

Section 426.232 - Emergency admission; notice; limit of hold.

Section 426.233 - Authority of community mental health program director and of other individuals; costs of transportation.

Section 426.234 - Duties of professionals at facility where person admitted; notification; duties of court.

Section 426.235 - Transfer between hospital and nonhospital facilities.

Section 426.236 - Rules.

Section 426.237 - Prehearing detention; duties of community mental health program director; certification for treatment; court proceedings.

Section 426.238 - Classifying facilities.

Section 426.241 - Payment of care, custody and treatment costs; denial of payment; rules.

Section 426.250 - Payment of costs related to commitment proceedings.

Section 426.273 - Trial visits.

Section 426.275 - Effect of failure to adhere to condition of placement.

Section 426.278 - Distribution of copies of conditions for outpatient commitment or trial visit.

Section 426.295 - Judicial determination of competency; restoration of competency.

Section 426.297 - Payment of expenses for proceeding under ORS 426.295.

Section 426.300 - Discharge of committed persons; application for assistance on behalf of committed person.

Section 426.301 - Release of committed person; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment.

Section 426.307 - Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment.

Section 426.310 - Reimbursement of county expenses for commitment proceedings involving nonresidents.

Section 426.330 - Presentation and payment of claims.

Section 426.335 - Limitations on liability.

Section 426.370 - Withholding information obtained in certain commitment or admission investigations.

Section 426.385 - Rights of committed persons.

Section 426.415 - Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules.

Section 426.490 - Policy.

Section 426.495 - Definitions for ORS 426.490 to 426.500; rules.

Section 426.500 - Powers and duties of Oregon Health Authority; rules.

Section 426.502 - Definitions for ORS 426.502 to 426.508.

Section 426.504 - Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions.

Section 426.506 - Community Mental Health Housing Fund; Community Housing Trust Account; report.

Section 426.508 - Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing.

Section 426.650 - Voluntary admission to state institution; rules.

Section 426.675 - Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules.

Section 426.680 - Trial visits for probationer.

Section 426.701 - Commitment of "extremely dangerous" person with qualifying mental disorder; requirements for conditional release; rules.

Section 426.702 - Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing.