justicedao/ipfs_state_laws huggingface dataset:
413-310-0235 Referral to Other Agencies (1) The Chief Financial Officer of the Department of Human Services (DHS) Financial Services Section will be responsible for coordinating the investigation of fraud committed by an agency employee or designated non-state employee who has been entrusted with the custody of funds or property or has been an accomplice to financial fraud. (2) SOSCF Assistant Administrator of Management Operations will be responsible for coordination of the investigation of fraud committed by an individual or organization external to the agency, such as a client. Examples include fraudulent reporting and eligibility fraud. (3) Those coordinating the investigation are responsible for notifying the following parties, as appropriate: (a) The Director of DHS; (b) DHS Collections Unit (to collect from future payments or prepare invoice for contracted providers); (c) DHS Communications (to handle all media inquiries); (d) DHS Human Resources/Organization Development (when SOSCF employees are involved); (e) DHS Internal Audit Director; (f) Department of Justice (for administrative recovery); (g) Department of Justice Medicaid Fraud Unit (for funds established by Title XIX of the Social Security Act); (h) Oregon State Police (when criminal intent is suspected); (i) Secretary of State Audits Division (within 30 days of the beginning of the investigation); (j) Department of Administrative Services Risk Management (within 30 days of the beginning of the investigation). Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.235 History: SOSCF 23-2000, f. & cert. ef. 9-6-00
413-310-0240 Employee Responsibility (1) It is the responsibility of each employee of the division to be alert to the possibility of incorrect payments. (2) It is the responsibility of all supervisors to insure that each employee is aware of this responsibility and that proper internal controls are enforced to limit agency risk. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.235 - 293.245 History: SOSCF 23-2000, f. & cert. ef. 9-6-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0300 Purpose These rules describe the actions which will be taken by the State Office for Services to Children and Families Accounting Services Section when “writing off” accounts receivable balances owed to the agency. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 293.235 & 293.240 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0310 Criteria for Determining Amounts Owed (1) The State Office for Services to Children and Families will follow ORS 293.235, 293.240 and the criteria established by the Secretary of State and the Attorney General of the State of Oregon for determining and certifying accounts owed as uncollectible. (2) Accounts to be written off are submitted to the Secretary of State subject to the following requirements: (a) The debt must exceed $5 plus any interest or penalties thereon; (b) The agency must ascertain, after appropriate inquiry that the debtor has no money or other assets that can be credited to his obligation; (c) The agency must determine that one of the determinations listed in OAR 413-310-0320 is applicable to the debt; (d) The agency will assign the debt to the Department of Revenue upon approval for write-off by the Secretary of State. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 293.235 & 293.240 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0320 Determinations for Write Off One of the following determinations of uncollectibility must apply to each debt submitted for write off: (1) The cost of collection is not economically feasible. (2) The debtor is dead and his/her estate has no assets from which money could be collected. (3) The debtor is an inactive or dissolved corporation and there are no assets from which money could be collected. (4) The debt has been filed and discharged as a result of the debtor’s bankruptcy proceeding. (5) The SOSCF has not been able to locate the debtor or any of the debtor’s assets in Oregon. (6) The SOSCF, after repeated attempts, has been unsuccessful in collecting the amount due. Expenditures for further attempts would not be justified. (7) The legal adviser to the SOSCF has reported that the debt is legally uncollectible or that collection is not economically feasible. (8) The SOSCF has obtained judgment liens and has exerted every effort to collect for the past 10 years without significantly reducing the money due. (9) After assigning the account to the Department of Revenue under ORS 293.250, the department has determined the account to be uncollectible or the costs of collection to be economically unfeasible. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 293.235 & 293.240 History: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0350 Recovery of Overpayments — General These rules describe SOSCF’s procedures for handling the collection of overpayments to contracted providers of child care and treatment services, and for granting Administrative Reviews and hearings in contested cases. Contested case hearings of SOSCF are conducted in accordance with the Attorney General’s Model Rules OAR 137-003-0501 and the following, entitled “Model Rules of Procedure for Contested Cases”; Hearing Officer Panel Rules. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.250 - 293.260 History: SOSCF 34-2000, f. & cert. ef. 12-14-00
413-310-0355 Definition "Overpayment" is defined for purposes of these rules as a payment for child care or treatment services and for related services to a family made by SOSCF, on behalf of a client, that either is paid to an ineligible provider or that exceeds the amount authorized by terms of the contract, SOSCF policies and rules, or law. An overpayment includes payments where a service provider is paid: (1) Beyond an authorization date or contract end date; (2) In excess of what is authorized; (3) For services not provided; (4) For services not meeting policy criteria; (5) Under circumstances of Erroneous Payments Based on Error or Fraud described in OAR 413-310-0200 through 0240. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 293.250 - 293.260 History: SOSCF 34-2000, f. & cert. ef. 12-14-00
413-310-0430 Maintenance Account Moneys intended for the child’s cost of care, may be deposited in the maintenance account. The maintenance account must reflect the earned interest. The SSI benefits must be used to provide a child or young adult with current needs such as food, clothing, housing, medical care, and personal comfort items, or, for reasonably foreseeable needs. The CBU and the child’s or young adult teams have the discretion to spend any remaining balances in the account according to the current SSA guidelines of using SSI funds. (1) The ability of Department to save a substantial part of the Supplemental Security Income (SSI) benefit may be an indication that the beneficiary's needs are not being met or that the beneficiary may have income or resources that would affect their eligibility for SSI benefits. (2) Money deposited in the maintenance account must be segregated by source, including the corresponding interest earned. Money may be received from, but is not limited to an individual, state, federal or private agency and it used to support that child or young adult while in Department custody. (3) A financial application must be made against the maintenance account for the maintenance costs the Department has expended for that child or young adult. Any balance remaining in the account must be used for current or future costs paid by the Department for that child or young adult. These cost of care expenses include, but are not limited to clothing, school expenses and medical needs not covered by Medicaid. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 92-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0440 Special Account Money received for a child or young adult that has been identified for a specific purpose other than maintenance must be deposited into a Special Account. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 92-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0460 Obtaining Money on Behalf of a Child or Young Adult (1) Federal Benefits. (a) The Department must file an application for it to become the Representative Payee on behalf of a child or young adult in the legal custody of the Department. Application for Social Security Administration benefits (SSA), Supplemental Security Income (SSI), Veteran’s benefits (VA), Railroad Retirement benefits (RRB), or other similar recurring benefits must be filed with the payor organization on behalf of the Department using the local Child Welfare office as a mailing address . (b) The Department must remain the Representative Payee for a child or young adult until the Department’s custody is dismissed by the courts. A resource parent may not be the payee for a child or young adult benefits while receiving foster care funds to avoid overpayment . (2) Court Ordered Support, Child Support Program (CSP): (a) For specific information regarding when child support is collected for a child or young adult in the care and custody of the Department please refer to OAR 413-100-0800 – 0820. (b) Child support received by the Department will be deposited into the Maintenance Trust account and used for the child or young adults’ current cost of care or future costs. (3) Voluntary Payments: (a) Money sent voluntarily by the family, relative or friends directly to the Department for support of a child or young adult in the Department’s custody must be identified as support for the child or young adult and must be credited to the special account; (b) Money that has been designated for a specific purpose must be credited to the special account. (4) Interest: (a) Trust Accounts accrue interest monthly based upon earnings made by the State Treasurer’s Office on investment of all trust money held; (b) Interest is posted to each Trust Account, by source, based upon the daily balance in each account. Interest earned on Maintenance Account Sources is available for current cost of care. Special account interest is available for the needs of the child or young adult or special purposes as identified by the donor. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 92-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0480 Transfer of Money Between Maintenance and Special Accounts Money may be transferred between the maintenance and special accounts with appropriate managerial approval. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 92-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0490 Financial Accounting (1) Financial accountings are required on all cases where a client was in a paid placement. This is required even if no money was received into the child’s Trust Account from any source during placement with the Department. (2) Financial records retention, pre-adoptive family or adoption status: (a) For children in in a pre-adoptive family or whose adoption has been finalized, retain all financial records until the financial accounting has been completed. (b) When the adoption is finalized, all financial documents must be removed from the record and held in a separate file. This file is to be retained per the Department retention schedule. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0500 Clearing a Trust Account (1) When a child or young adult whose custody from the Department is terminated, the funds available in the Trust Account must be disbursed and the account is inactivated. (2) Maintenance Account. Where there is any balance in the Maintenance Account, the Department must determine whether the balance represents money received while the child or young adult was in care and whether it should have been used to offset the cost of care. (3) If a child or young adult has had interim financial accountings prepared, the closing financial accounting will only have to cover the period not covered by the interim accountings. (4) A child or young adult may request further explanation of application and the final accounting by notifying the Children’s Benefit Unit. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 92-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-310-0510 Unclaimed Trust Account Balances In accordance with the Uniform Disposition of Unclaimed Property Act of l957 (ORS 98.302–98.436) the Department must: (1) Identify each account which has been “unclaimed” and abandoned two years from the date Department custody was terminated. (2) Every year from June 30 until November 1, unclaimed Trust Account balances will be cleared and disbursed to the Department of State Lands. (3) If the notice is returned because the child or young adult has moved leaving no forwarding address or the 30 days has elapsed without a response, the Department must resolve the balance by sending the balance to the Department of State Lands. Statutory/Other Authority: ORS 416.820, ORS 418.032, ORS 419B.400 - 419B.406 & ORS 409.050 Statutes/Other Implemented: ORS 416.820, ORS 418.032 & ORS 419B.400 - 419B.406 History: CWP 6-2022, amend filed 03/28/2022, effective 04/01/2022 CWP 22-2021, temporary amend filed 10/04/2021, effective 10/04/2021 through 04/01/2022 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-330-0900 Purpose These administrative rules (OAR 413-330-0900 to 413-330-1010) describe the use of the system-of-care short-form personal-services contract. These rules also describe how approval authority for these contracts is delegated to agency managers and supervisors. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-0910 Definitions As used in OAR 413-330-0900 to 413-330-1010: (1) "Approval authority" means the authority to approve and execute a contract. OAR 125-020-0220(1) gives the Department of Administrative Services (DAS) approval authority for all state agency contracts. DAS has delegated the approval authority to the Department of Human Services (the Department) for client services contracts (see OAR 125-020-0600(1)(a)). (2) "Child" means an unmarried person under 18 years of age. A person between 18 and 21 years of age and in the custody of the Department is also considered a child for purposes of these rules. (3) "Client" means a child or adult receiving services from the Department. (4) "Contract authority" means the authority to select a contractor, negotiate a contract, and sign a contract. (5) "Family member" means a person related to the child. (6) "Independent contractor" means an individual at least 18 years of age or a business that is an independent contractor as defined in ORS 670.600. (7) "Nontraditional contractor" means an individual at least 18 years of age or a business not currently licensed by the Department as a child-caring agency who has contracted with the Department if the total authorized expenditure of all contracts is less than $8,000. (8) "Primary care giver" means a person who is responsible for providing care and supervision of a child. (9) "System-of-care short-form personal-services contract" or "SOC short-form contract" means a class of personal services contracts funded by flexible funds allocated by the Department as part of the Department’s system-of-care settlement agreement with the Juvenile Rights Project, Inc., and developed by the Department to provide expedited service delivery to children and families as allowed by these rules. (10) "System-of-care contractor" or "SOC contractor" means an individual or business that has contracted with the Department and is paid with flexible funds allocated by the Department as part of the Department’s system-of-care settlement agreement with the Juvenile Rights Project, Inc. (11) "System-of-care settlement agreement" means the agreement between the Oregon Department of Human Services and the Juvenile Rights Project, Inc., which includes provisions for the use of flexible funds in meeting the individual needs of children and their families to promote safety, permanency, and well being. (12) "Traditional contractor" means an individual at least 18 years of age who has exceeded $8,000 in total SOC contracts during the preceding 12 month period, regardless of funding source or purpose; or a business currently licensed by the Department as provided for by OAR 413-220-0000 to 413-220-0160. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-0930 Contractor (1) A short-form contract is used by the Department only to contract with a provider who is an independent contractor. (2) An SOC contractor must be at least 18 years of age. (3) A contractor for an SOC short-form contract is selected by direct negotiations. The Department negotiates directly with the contractor who is determined to be the best able to provide the services at a reasonable price. No informal or formal contractor selection and solicitation process is required. (4) A nontraditional contractor is considered a traditional contractor once the total dollar amount of all contracts the individual has with the Department, regardless of funding source or purpose, exceeds $8,000 during a 12-month period. At that point, the insurance and liability coverage requirements increase. A traditional contractor is required to meet all contractual insurance requirements, including the requirement to obtain professional liability insurance, if the contractor must be licensed or accredited to do the contracted work. The 12-month period is measured from the earliest contract effective date to the latest contract end date for all contracts that the nontraditional contractor has with the Department. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01
413-330-0950 Insurance (1) Traditional contractor insurance requirements. The coverage and limits of insurance required for a traditional contractor are specified in the contract. The Department requires a traditional contractor to provide proof that all required insurance is effective and in force before the SOC short-form contract can be executed. (2) Nontraditional contractor insurance requirements. (a) If a nontraditional contractor is providing a service that requires transporting the client, the Department requires the nontraditional contractor to provide proof of: (A) A valid Oregon driver's license; and (B) Automobile liability coverage that has limits not less than required by ORS 806.060. The nontraditional contractor must have automobile insurance in effect during the term of the SOC short-form contracts. (b) The State of Oregon, through the Risk Management Division of the Department of Administrative Services provides nontraditional contractors with general liability insurance coverage including legal defense and excess automobile liability coverages. These coverages are provided to a nontraditional contractor, while acting within the course and scope of duties listed in the short-form contract, to the extent that a claim arises out of the provisions of services pursuant to the Short Form Contract’s terms and statement of work. The provision of general liability coverage does not make the nontraditional contractor an agent of the Department or of the State of Oregon or subject the contractor to ORS 30.260 to 30.300 (the Oregon Tort Claims Act). (c) The coverage described in subsection (b) of this section is not provided for acts, errors, or omissions due to malfeasance; for willful or wanton neglect of duty; for acts outside the short-form contract’s specified scope of work; or for punitive damages. (d) Following are the limits of coverage provided by the State to nontraditional contractors: (A) $50,000 to a claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence; (B) $100,000 to a claimant as general and special damages for all other claims arising out of a single accident or occurrence; (C) $200,000 for all claims arising out of a single accident or occurrence; (D) The dollar limits for defense cost coverage are included in the above dollar limits. Once this dollar limit is reached, further defense costs are the responsibility of the nontraditional contractor. (e) The nontraditional contractor must report, in writing, each claim and each occurrence that reasonably may give rise to a claim to the contract administrator, who will forward the information to the Risk Management Division as promptly as practicable. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 279.727 & 279.729 History: CWP 11-2004, f. & cert. ef. 6-1-04 CWP 50-2003(Temp), f. 12-31-03, cert. ef. 1-1-04 thru 6-28-04 SOSCF 5-2001, f. & cert. ef. 2-26-01 SOSCF 21-2000(Temp), f. & cert. ef. 8-31-00 thru 2-26-01