Or. Admin. Code § 461-195-0310
Current through Register Vol. 63, No. 11, November 1, 2024
Section 461-195-0310 - Notice of Claim or Action by Applicant or Recipient(1) Within 10 days after a claim (see OAR 461-195-030) or action (see OAR 461-195-0301) to enforce a claim is initiated on behalf of an applicant (see OAR 461-195-0301 or recipient (see OAR 461-195-0301), or, if the claim or action was initiated prior to the application for assistance (see OAR 461-195-0301), then at the time of application, the first existing person on the following list who is enforcing the claim or action must notify the Department (see OAR 461-195-0301) and any CCO (see OAR 461-195-0301) that provided services to the applicant or recipient after the personal injury (see OAR 461-195-0301): (b) Any personal representative, as defined in ORS 111.005, or any affiant, as defined in ORS 114.505, for the estate of the applicant or recipient;(e) Any personal representative, as defined in OAR 407-014-0000;(f) Any authorized representative, as defined in OAR 410-200-0015 or 461-115-0090;(g) Any resource parent or foster parent;(h) Any caretaker relative, as defined in OAR 461-001-0000;(i) Any parent of the applicant or recipient; or(j) The applicant or recipient.(2) Within 10 days after entry of any judgment on a claim or the execution of any settlement or compromise of a claim, the first existing person on the following list must notify the Department and any CCO that provided assistance to the applicant or recipient after the personal injury: (a) Any attorney representing a party against whom the claim was made or action to enforce the claim was initiated;(b) Any insurer making payment on the judgment, settlement, or compromise; or(c) The party against whom the claim or action to enforce the claim was initiated.(3) The notifications required under sections (1) and (2) of this rule must include -(a) The names and addresses of all parties against whom the action is brought or claim is made;(b) A copy of each claim demand;(c) If an action is brought, the case number and the county where the action is filed;(d) A copy of any judgment, settlement or compromise of the claim or action to enforce the claim; and(e) For notices submitted through the injury reporting website (see section 4 of this rule) the notification may be required to include: (A) Information regarding the recipient or applicant,(B) Information regarding the attorney, and(C) Information regarding the injury or accident related to the action or claim.(4) Notification required under section (1) of this rule must be sent to the Personal Injury Liens Unit, Office of Payment Accuracy and Recovery, Oregon Department of Human Services, as follows: (a) When the party required to provide notice is an attorney or insurer, notification must be sent through the secure injury reporting portal website. The website for the Personal Injury Lien Unit's secure injury reporting portal is https://apps.oregon.gov/OPAR/PIL/(b) When the party required to provide notice is not an attorney or insurer, by mail, facsimile, or through the injury reporting portal website. (A) The mailing address for the Personal Injury Liens Unit is: Personal Injury Liens Unit, PO Box 14512, Salem OR 97309-0416.(B) The facsimile number for the Personal Injury Liens Unit is (503) 378-2577 and the telephone number is (503) 378-4514.(5) Other than notices submitted through the injury reporting website, notices required by ORS 416.530 to be sent to the Oregon Health Authority (Authority) may be consolidated with similar notices to the Department and sent to the Personal Injury Liens Unit. A consolidated notice is considered notice to the Authority if the Authority's interest or claim in the matter is identified in the notice consistent with requirements in the applicable statute. (See also OAR 943-001-0020(2)(e))(6) At least 30 days prior to commencing an action under ORS 416.610, the Personal Injury Liens Unit and the CCO, if any, must consult with each other.Or. Admin. Code § 461-195-0310
AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89; AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93; Renumbered from 461-010-0110; AFS 5-2002, f. & cert. ef. 4-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 25-2015, f. 9-29-15, cert. ef. 10/1/2015; SSP 11-2023, amend filed 03/22/2023, effective 4/1/2023Statutory/Other Authority: ORS 409.050, 410.070, 411.060, 411.070, 412.049, 413.033, 413.042, 413.085, 414.619 & 416.570
Statutes/Other Implemented: ORS 409.050, 410.070, 411.060, 411.070, 412.049, 413.033, 413.042, 413.085, 414.619, 416.570, 416.510, 416.530 & 416.610