justicedao/ipfs_state_laws huggingface dataset:
461-135-0847 Forms; Request for Notice of Transfer or Encumbrance; Termination of Request for Notice of Transfer or Encumbrance; Notice of Transfer or Encumbrance (1) The forms set forth in this rule are adopted in accordance with ORS 93.268, 205.246, and 411.692. (2) Request for Notice of Transfer or Encumbrance Form; [Form not included. See ED. NOTE.] (3) Termination of Request for Notice of Transfer or Encumbrance Form; [Form not included. See ED. NOTE.] (4) Model Form — Notice of Transfer or Encumbrance Form; [Form not included. See ED. NOTE.] (5) These forms are available at http://dhsforms.hr.state.or.us/ forms/databases/findforms.htm. At the Find a form window in the Form Number field, type in the four-digit form number and click on search. [ED. NOTE: Form referenced are available from the agency.] Statutory/Other Authority: ORS 93.268, 205.246 & 411.692 Statutes/Other Implemented: ORS 93.268, 205.246 & 411.692 History: SSP 22-2004, f. & cert. ef. 10-1-04 SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
461-135-0850 Specific Requirements; Repatriate Program (1) For purposes of this rule, "repatriate" means a US citizen who has returned, or been brought back to the US because of destitution, illness (including mental illness), war, threat of war, invasion, or a similar crisis. (2) To be eligible for the Department’s repatriation services, an individual must be identified by the Department of State’s International Social Services office as a repatriate needing assistance. (3) A repatriate may receive monthly loan assistance equal to the monthly TANF standard for the equivalent case size (see OAR 461-155-0030) for a duration of time determined by the federal agency. A Repayment Agreement must be signed prior to the first payment. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0875 Specific Requirements; Retroactive Eligibility (1) Individuals are evaluated for retroactive eligibility as follows: (a) In the OSIPM programs, when individuals received Medicaid-covered medical services prior to the date of request (see OAR 461-115-0030). This includes deceased individuals who would have been eligible for Medicaid covered services had they, or someone acting on their behalf, applied. (b) In the QMB-DW program, when individuals paid or incurred Medicaid-covered Medicare Part A premiums, or were eligible for but not enrolled in Medicare Part A prior to the date of request and received Medicare Part A-covered services. This includes deceased individuals who would have been eligible for Medicaid-covered premiums had they, or someone acting on their behalf, applied. (c) In the QMB-SMB and QMB-SMF programs, when individuals paid or incurred Medicaid-covered Medicare Part B premiums, or were eligible for but not enrolled in Medicare Part B prior to the date of request and received Medicare Part B-covered services. This includes deceased individuals who would have been eligible for Medicaid-covered premiums had they, or someone acting on their behalf, applied. (d) Individuals applying for medical assistance through the REFM program are evaluated for retroactive eligibility. (2) If eligible for medical assistance retroactively, the eligibility of the individual may not start earlier than the date indicated by OAR 461-180-0140. (3) In the QMB-BAS program, there are no retroactive medical benefits. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 413.085 & 414.685 Statutes/Other Implemented: 411.060, 411.404, 413.085, 414.685 & ORS 409.010 History: SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023 SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023 SSP 22-2022, minor correction filed 02/16/2022, effective 02/16/2022 SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17 SSP 16-2014, f. & cert. ef. 7-1-14 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 17-2008, f. & cert. ef. 7-1-08 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 SSP 22-2004, f. & cert. ef. 10-1-04 AFS 5-2002, f. & cert. ef. 4-1-02 AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01 AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 8-1993(Temp), f. & cert. ef. 4-26-93 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0910 Unaccompanied Minor Program; REF, REFM Refugees who entered the United States under the Unaccompanied Minor Program administered by the federal Office of Refugee Resettlement are wards of the court and are in the custody of a public agency. They are not eligible for REF or REFM. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 8-2008, f. & cert. ef. 4-1-08 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 19-1997, f. & cert. ef. 10-1-97 AFS 20-1990, f. 8-17-90, cert. ef. 10-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0915 Specific Requirements; REF In the REF program: (1) To be eligible, an individual must be determined ineligible for TANF. (2) As used in this rule: (a) Except as provided otherwise in this section, "good cause" means a reasonable person of normal sensitivity, exercising ordinary common sense under similar circumstances, would have: (A) Quit work, including in anticipation of discharge; (B) Participated in behavior leading to the individual's discharge; or (C) Voluntarily reduced work hours. (b) For an individual with a physical or mental impairment (as defined at 29 CFR 1630.2(h)), except as provided otherwise in subsection (c) of this section, "good cause" for leaving work means that a reasonable person with the characteristics and qualities of such individual under similar circumstances would have: (A) Quit work, including in anticipation of discharge; (B) Participated in behavior leading to the individual's discharge; or (C) Voluntarily reduced work hours. (c) There is no "good cause" if the reason for separation from employment is a labor dispute. (3) Except as provided otherwise under section (5) of this rule, a member of the need group (see OAR 461-110-0630) has a “violation” if that individual voluntarily quit employment or refused to accept an offer of employment in which that member was hired to work 100 or more hours per month or worked or was scheduled to work 100 or more hours: (a) Within 30 days prior of the filing date (see OAR 461-115-0040) for REF benefits; or (b) While receiving REF program benefits. (4) A member of the need group is not eligible for REF program benefits: (a) For the first violation (see section (3) of this rule), three payments months from the date that member of the need group was separated from their employment, voluntarily quit their employment, or refused to accept an offer of employment. (b) For the second violation, six payments months from the date that member of the need group was separated from their employment, voluntarily quit their employment, or refused to accept an offer of employment. (5) A need group does not have a violation based on section (3) of this rule if at least one of the following subsections applies: (a) The member was unable to work due to a disability or medical condition documented by a qualified and appropriate professional, and which is expected to last for 30 days or more from the filing date for REF program benefits. (b) The member was separated from employment for a reason the Department determines is good cause as defined in section (2) of this rule. (c) The member was separated from employment as a result of a layoff. (d) The member was pregnant and experiencing medical complications due to the pregnancy that prohibit participation in activities of the program and are documented by a qualified and appropriate professional. (e) The member was fleeing from or at risk of domestic violence (see OAR 461-001-0000). Statutory/Other Authority: ORS 409.050, 411.060 & 411.404 Statutes/Other Implemented: ORS 409.010, 411.060 & 411.404 History: SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17
461-135-0920 Refugees Applying for Supplemental Security Income (SSI) (1) Refugee Assistance (REF) applicants who are age 65 or older or who are blind or have a disability (see OAR 461-001-0000) are referred to Social Security to apply for Supplemental Security Income (SSI). REF applicants who are found eligible for the REF program receive REF program benefits until SSI benefits begin or until their eligibility period, as per OAR 461-135-0900(4), lapses, whichever occurs first. (2) Refugees eligible for SSI are eligible for the Oregon Supplemental Income Program Medical (OSIPM) program. Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.706 Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.706 & 45 CFR 400 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 SSP 8-2025, temporary amend filed 04/24/2025, effective 05/05/2025 through 10/31/2025 SSP 48-2022, amend filed 09/27/2022, effective 10/01/2022 SSP 38-2022, temporary amend filed 06/15/2022, effective 06/15/2022 through 12/11/2022 SSP 24-2013, f. & cert. ef. 10-1-13 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92 AFS 19-1991(Temp), f. & cert. ef. 10-1-91 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0990 Specific Requirements; Reimbursement of Cost-Effective, Employer-Sponsored Health Insurance Premiums (1) Clients or an eligible applicant (see section (2) of this rule) for a client in the OSIPM program may be reimbursed for their share of the premiums for private or employer-sponsored group health insurance if: (a) The insurance covers a member of the benefit group (see OAR 461-110-0750); (b) The insurance coverage is a comprehensive major medical plan that includes inpatient and outpatient hospital, physician, lab, x-ray and full prescription coverage; and (c) The premium is cost-effective (see OAR 461-155-0360 and OAR 410-120-1960). (2) An "eligible applicant" may be a non-Medicaid individual living in or outside of the household. The Department may pay a portion of or the entire premium if payment of the premium for the non-Medicaid individual is necessary in order to enroll the Department client in the group health plan (see OAR 410-120-1960). Statutory/Other Authority: ORS 411.060, 411.070 & 414.042 Statutes/Other Implemented: ORS 411.060, 411.070 & 414.042 History: SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 SSP 16-2014, f. & cert. ef. 7-1-14 SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12 SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10 SSP 23-2008, f. & cert. ef. 10-1-08 SSP 10-2007, f. & cert. ef. 10-1-07 SSP 22-2004, f. & cert. ef. 10-1-04 SSP 1-2003, f. 1-31-03, cert. ef. 2-1-03 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 10-1998, f. 6-29-98, cert. ef. 7-1-98 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
461-135-1080 Specific Requirements; OSIPM-Healthier Oregon (1) To be eligible for benefits under OSIPM-Healthier Oregon, an individual must meet all financial and non-financial eligibility (see OAR 461-001-0000) requirements for OSIPM programs except citizenship and noncitizen status requirements (see OAR 461-120-0110). (2) Healthier Oregon provides a medical assistance benefit package equal to the Oregon Health Plan Plus benefit package (see OAR 410-120-1210). (3) Individuals ages 26 through 54 who would continue to be eligible for Citizenship Waived Medical after June 30, 2023, if not for the expansion of Healthier Oregon, shall be automatically transitioned to Healthier Oregon effective July 1, 2023. Due to ORS 414.231, Citizenship Waived Medical ended on June 30, 2023. Statutory/Other Authority: ORS 409.050, 411.404 & 414.231 Statutes/Other Implemented: ORS 411.060, 411.404 & 414.231 History: SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023 SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023 SSP 40-2022, adopt filed 06/29/2022, effective 07/01/2022
461-135-1175 Senior Farm Direct Nutrition Program (1) The Senior Farm Direct Nutrition Program (SFDNP) provides farm direct checks to low income individuals. (2) An individual is eligible for SFDNP if the individual meets all of the following eligibility criteria on April 1 of the calendar year in which benefits are sought: (a) Has countable income (see OAR 461-001-0000) less than 135 percent of the Federal Poverty Level as listed in OAR 461-155-0295. (b) Receives Medicaid or SNAP benefits. (c) Is homeless or resides in their own home or rental property. (d) Is age 60 or older. (3) SFDNP is funded by a grant from the United States Department of Agriculture (USDA). The Department determines the allotment amount and number of eligible individuals on an annual basis, based on the grant allocation received from the USDA. (4) The Department may not issue more than one SFDNP allotment per participant, per year. (5) SFDNP begins June 1 each year and ends on October 31 each year. In order to qualify for the program, the Department must receive the applicant's letter of interest by September 15 of the year in question. (6) The Department processes applicants' letters of interest in the order in which the letters are received at the Department's central office. (7) When the grant allocation received from the USDA is expended in its entirety, the Department closes SFDNP for the year in question. (8) The Department determines the treatment of SFDNP benefits during the eligibility process for other programs in accordance with OAR 461-145-0190. Statutory/Other Authority: ORS 409.050, 410.070, 411.060 & 411.070 Statutes/Other Implemented: ORS 409.050, 410.070, 411.060 & 411.070 History: Reverted to SSP 18-2010, f. & cert. ef. 7-1-10 Suspended by SSP 21-2012(Temp), f. & cert. ef. 6-8-12 thru 12-5-12 SSP 18-2010, f. & cert. ef. 7-1-10 SSP 8-2010(Temp), f. & cert. ef. 4-1-10 thru 9-28-10 SSP 28-2009, f. & cert. ef. 10-1-09 SSP 11-2009(Temp), f. & cert. ef. 6-1-09 thru 11-27-09 SSP 5-2009, f. & cert. ef. 4-1-09 SSP 17-2008, f. & cert. ef. 7-1-08 SSP 8-2008, f. & cert. ef. 4-1-08 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 SSP 8-2006, f. & cert. ef. 6-1-06
461-135-1185 Low-Income Subsidy Program (LIS) The Low-Income Subsidy (LIS) program is a federal assistance program for Medicare clients who need extra help meeting their Medicare Part D prescription drug costs. The LIS program helps Medicare clients pay their monthly premium, deductible, and co-insurance costs under Part D. The LIS program is a means-tested program. All clients must qualify on the basis of household income, resources, and size as defined by the Social Security Administration. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05
461-135-1186 LIS Applications An LIS application is complete if all of the following requirements are satisfied: (1) The applicant satisfies the provisions of OAR 461-115-0050 and completes the Department’s forms. (2) The applicant must submit: (a) A certification by the applicant or personal representative, under penalty of perjury or sanction for false statement, as to the accuracy of information provided on the application form (see 42 CFR 423.904(d)(2)); (b) All required statements from financial institutions (see 42 CFR 423.904(d)(3)); and (c) All information for verification (see 42 CFR 423.904(d)(3)) required under OAR 461-115-0610. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05
461-135-1187 Eligibility Determinations and Due Process for LIS (1) The regulations set out at 42 CFR 423.771 to 423.774 are expressly adopted and incorporated by reference for LIS. These regulations apply to the application process, eligibility determinations, and redeterminations. (2) The Department will send to LIS applicants a decision notice consistent with the provisions of OAR 461-175-0200 not later than the 45th day after the date of request. (3) An applicant may appeal an adverse decision notice under the provisions of division 461-025 of the Oregon Administrative Rules. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05
461-135-1197 Good Cause; SFPSS In the SFPSS program: (1) The Department does not require a client to provide verification of good cause if providing the verification would expose the client to increased risk of domestic violence (see OAR 461-001-0000). (2) If in making a determination under this rule, a client's physical or mental impairment is in question, the Department may require the client to provide documentation from a qualified and appropriate medical professional. (3) A client is excused for good cause from a failure to comply with a requirement of the SFPSS program, including an activity (see OAR 461-001-0025) in a case plan (see 461-001-0025) in the following circumstances: (a) Participation in a required activity in a case plan would have an adverse effect on or risk to the client's physical or mental health or would expose the client to increased risk of domestic violence (see OAR 461-001-0000). (b) Participation is likely to cause undue hardship for the dependent child (see OAR 461-001-0000) or the client. (c) When the failure to comply is caused by the failure of the Department to timely provide or authorize a support service payment. (d) Appropriate child care, or day care for an individual in the household who has a disability (see OAR 461-001-0000) that substantially reduces or eliminates the individual's ability to care for himself or herself, cannot be obtained. "Appropriate child care" means that: (A) Both the provider and the place where care is provided meet health, safety, and provider requirements as required in OAR 414-175-0080; (B) The care accommodates the parent's work schedule; and (C) The care meets the specific needs of the dependent child, such as age and special-needs requirements. (e) The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute. (f) The work attachment position or employment requires the client to join a union, and the client has religious objections to unions. (g) The client's participation in a required activity in a case plan would prevent or interfere with the client's participation in an activity of the Confederated Tribes of Grand Ronde’s NEW program. (h) The client's failure to participate is due to a circumstance beyond his or her reasonable control. (i) When the failure to comply is caused by an aspect of the client's disability, including the Department's failure to provide a reasonable accommodation. (j) The client quits a job to accept another job with a monthly income at least equal to the monthly income of the first job. (k) An individual separated from his or her most recent employment for circumstances the Department determines are reasonable. Statutory/Other Authority: ORS 411.060, 412.006, 412.009, 412.014 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.014 & 412.049 History: SSP 33-2023, minor correction filed 07/18/2023, effective 07/18/2023 SSP 5-2023, minor correction filed 01/04/2023, effective 01/04/2023 SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11
461-135-1235 TA-DVS; Right to Hearing A client whose application is denied or who does not receive a decision on an application by the close of the second business day following the date the application is complete is entitled to an expedited hearing (see OAR 461-025-0315). A dispute over the amount of any payment provided to or for the client is resolved in an expedited hearing; other disputes about the contents of a case plan are resolved through re-engagement. Statutory/Other Authority: ORS 411.060 & 412.049 Statutes/Other Implemented: ORS 411.060, 412.049 & 412.072 History: SSP 23-2024, minor correction filed 03/18/2024, effective 03/18/2024 SSP 23-2008, f. & cert. ef. 10-1-08 SSP 8-2004, f. & cert. ef. 4-1-04 AFS 9-1999, f. & cert. ef. 7-1-99
461-135-1240 TA-DVS Program; Pandemic This rule applies to the TA-DVS program and is reserved for use in case of a pandemic . Statutory/Other Authority: ORS 84.001 to 84.061, 409.050, 411.060, 412.049 & 412.072 Statutes/Other Implemented: ORS 84.001 to 84.061, 411.060, 412.049, 409.010, 45 CFR 260.50 & 412.072 History: SSP 22-2024, minor correction filed 03/18/2024, effective 03/18/2024 SSP 36-2020, adopt filed 10/01/2020, effective 10/01/2020 SSP 32-2020, temporary adopt filed 09/04/2020, effective 09/04/2020 through 10/06/2020 SSP 26-2020, temporary adopt filed 08/03/2020, effective 08/03/2020 through 10/06/2020 SSP 8-2020, temporary adopt filed 04/10/2020, effective 04/10/2020 through 10/06/2020
461-135-1250 Closure of Post-TANF Program Notwithstanding any other administrative rule in Chapter 461, effective April 30, 2012 the Post-TANF program funding ends. Continuation of Post-TANF benefits is not authorized after April 30, 2012, regardless of whether a hearing request on Post-TANF is submitted or pending. Statutory/Other Authority: ORS 411.060, 411.070, 412.006, 412.009, 412.049 & 412.124 Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.049 & 412.124 History: SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 15-2016, f. & cert. ef. 4-1-16 SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12 SSP 15-2012(Temp), f. & cert. ef. 4-13-12 thru 10-9-12 SSP 14-2012(Temp), f. & cert. ef. 4-12-12 thru 10-9-12 [SSP 13-2011(Temp), f. & cert. ef. 6-15-11 thru 12-12-11; Suspended by SSP 14 2011(Temp), f. & cert. ef. 6-29-11 thru 12-12-11] SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11 SSP 29-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11 SSP 5-2009, f. & cert. ef. 4-1-09 SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09 SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08 SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08