Oregon Advisory Opinions January 01, 1960: OP 4717

Advisory Opinion Text

Cost for care and maintenance of patient at State Tuberculosis Hospital may be recovered from responsible rela­tives by Board of Control.

No. 4717 January 4, 1960 Oregon State Board of Control

You have presented for consideration the following question:

"Will you please inform me whether, under Chapter 652 Oregon Laws 1959, a child of a patient at the State Tuberculosis Hospital would be liable upon parent's death for the difference between the monthly cost to the state for the care of this patient and amounts paid monthly by the patient and his relatives pursuant to a determination and order of the Board?"

There is no question as to the respon­sibility of a child to pay for the care and maintenance of the parent at the State Tuberculosis Hospital, if such child is possessed of means sufficient to pay the amount determined by the Board of Countrol. Sections 1 (2)(c), 2 and 3 (D(d), (2).

The Board of Control is given the power to determine the responsible per­son's ability to pay at the time of admis­sion of the patient to the hospital or at any time thereafter. The only apparent limitation on this power is in the case where a court order has been entered at the request of the board or upon appeal from the board's order. Section 4, chap­ter 652, Oregon Laws 1959; opinion No. 4610, dated October 1, 1959.

The cost of care and maintenance at the hospital is determined under the formula established by Sec. 10 (1), (6), (7) and (8), and the responsible relatives are liable for such costs, without limita­tion as to time, where the estate of the patient is of an amount insufficient to pay the authorized cost of care and maintenance. Sections 18 and 23, chap­ter 652, Oregon Laws 1959; Opinions of the Attorney General, 1942-1944, p. 183.

Your question is answered in the affirmative.

ROBERT Y. THORNTON

Attorney General By E. G. Foxley, Deputy <>