(1) The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided any other person to obtain public assistance or medical assistance, in violation of any provision of ORS § 411.630 or in violation of ORS § 411.640. In such suit or action, the department or the authority may recover the amount or value of public assistance or medical assistance obtained in violation of ORS § 411.630 or in violation of ORS § 411.640, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance.

(2) Except with respect to bona fide purchasers for value, the department, the authority, the conservator for the recipient or the personal representative of the estate of a deceased recipient may prosecute a civil suit or action to set aside the transfer, gift or other disposition of any money or property made in violation of any provisions of ORS § 411.630, 411.708 and 416.350 and the department or the authority may recover out of such money or property, or otherwise, the amount or value of any public assistance or medical assistance obtained as a result of the violation, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance. [Amended by 1963 c.499 § 1; 1971 c.334 § 2; 1973 c.661 § 1; 1983 c.638 § 1; 2001 c.900 § 220; 2005 c.381 § 24; 2009 c.595 § 262; 2011 c.720 § 115; 2013 c.688 § 50]