OAR 461-195-0320: Release of Lien for Future Medicals

(1) To qualify for consideration of a full or partial release of the State’s share of the Department’s lien (including the amount of an assigned lien) pursuant to ORS 416.600, the recipient must demonstrate, through documentation satisfactory to the Department, that: (a) As a result of the personal injury for which the recipient has a claim, the recipient has a medical condition which will require future medical treatment; (b) The nature of future medical treatment; (c) The date on which the future medical treatment can reasonably be expected to occur; (d) The anticipated cost of the future medical treatment; (e) The amount of the settlement, compromise, or judgment awarded the recipient; (f) Timely compliance by the recipient with the notification requirements; and (g) Any other documentation requested by the Department. (2) In considering a request for a full or partial release of a lien pursuant to ORS 416.600, the Department may take into account: (a) Whether the recipient has provided the documentation required by section (1) of this rule; (b) Whether the future medical treatment is likely to occur in the near future. The Department will evaluate this factor in light of the nature and certainty of the type of medical treatment anticipated; (c) Whether the amount of the settlement, compromise, or judgment is sufficient to pay the future medicals and all or part of the Department's lien; (d) Whether the recipient has or is likely to have another source for payment of the future medical expenses; (e) The effect, if any, of the requested release on the continuing eligibility for future medical or public assistance of the recipient; (f) Any other factor deemed relevant by the Department, including information received from a prepaid managed health care services organization; (g) In the event the recipient is a minor, the provisions of OAR 461-195-0350 may apply. (3) In no case will the Department consider a request for a partial or full lien release pursuant to ORS 416.600 unless the recipient and the liable third party have entered into a final, binding settlement or compromise agreement or the recipient has received a final judgment. In every case, the lien amount that represents the federal share of Title XIX or Title XXI payments must be repaid to the federal government and shall not be subject to partial or full lien release.