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Medicaid Planning · Oregon

Oregon Medicaid estate recovery

Medicaid estate recovery rules for Oregon.

Published: September 4, 2026. Last checked: September 5, 2026.

Recovery scope

Expanded recovery includes property or beneficial interests held at death and traceable through tenancy by the entirety, joint tenancy, tenancy in common, survivorship, life estate, transfer-on-death deed, living trust, and similar arrangements.

Source: Oregon Administrative Rule 461-135-0832 [state-medicaid-agency] — Effective February 24, 2021 Additional authority: Oregon Administrative Rule 461-135-0835 [state-medicaid-agency] — Effective October 1, 2024

Controlling authority

Oregon Administrative Rules 461-135-0832 and 461-135-0835

Source: Oregon Administrative Rule 461-135-0832 [state-medicaid-agency] — Effective February 24, 2021 Additional authority: Oregon Administrative Rule 461-135-0835 [state-medicaid-agency] — Effective October 1, 2024

Exemptions and deferrals

A correctly paid medical-assistance claim is deferred through the surviving spouse's life and while a child is under 21, has a disability, or has a visual impairment.

Source: Oregon Administrative Rule 461-135-0835 [state-medicaid-agency] — Effective October 1, 2024

Hardship-waiver path

The Department may waive all or part of a recovery claim when enforcement would make the applicant eligible for assistance or homeless; relief may include forgiveness or a mortgage or trust deed, but not hardship created through estate-planning transfers intended to avoid recovery.

Source: Oregon Administrative Rule 461-135-0841 [state-medicaid-agency] — Effective January 1, 2014

Lien practice

Oregon may record a request for notice of a transfer or encumbrance of real property held by a medical-assistance recipient. The statute expressly says that request does not affect title and is not a lien, encumbrance, or other interest in the property.

Source: Oregon Revised Statutes section 411.694 and Oregon Laws 2013 chapter 688 [state-statute] — Section 58 operative January 1, 2014; Act effective July 29, 2013

Sources

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

General information, not legal advice.