reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.630 - Unlawfully obtaining public assistance or medical assistance.

(1) A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance or medical assistance to which the person or other person is not entitled under state law by means of:
(a) Any false representation or fraudulent device, or
(b) Failure to immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income, or of any other change of circumstances, which directly affects the eligibility for, or the amount of, the assistance.
(2) A person may not transfer, conceal or dispose of any money or property with the intent:
(a) To enable the person to meet or appear to meet any requirement of eligibility prescribed by state law or by rule of the department or the authority for any type of public assistance or medical assistance; or
(b) Except as to a conveyance by the person to create a tenancy by the entirety, to hinder or prevent the department or the authority from recovering any part of any claim it may have against the person or the estate of the person.
(3) A person may not knowingly aid or abet any person to violate any provision of this section.
(4) A person may not receive, possess or conceal any money or property of an applicant for or recipient of any type of public assistance or medical assistance with the intent to enable the applicant or recipient to meet or appear to meet any requirement of eligibility referred to in subsection (2)(a) of this section or, except as to a conveyance by the applicant or recipient to create a tenancy by the entirety, with the intent to hinder or prevent the department or the authority from recovering any part of any claim it may have against the applicant or recipient or the estate of the applicant or recipient. [Amended by 1963 c.499 §2; 1969 c.66 §1; 1971 c.779 §22; 2011 c.720 §116; 2013 c.688 §51]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.632 - Relief where assets transferred, removed or secreted.

If it reasonably appears that a recipient of public assistance or a recipient of medical assistance has assets in excess of those allowed to a recipient of such assistance under applicable federal and state statutes, rules and regulations, and it reasonably appears that such assets may be transferred, removed, secreted or otherwise disposed, then the Department of Human Services or the Oregon Health Authority may seek appropriate relief under ORCP 83 and 84 or any other provision of law, but only to the extent of the liability. The state shall not be required to post a bond in seeking the relief. [1987 c.438 §6; 2001 c.900 §91; 2011 c.720 §117; 2013 c.688 §52]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.635 - Recovery of improperly disbursed public assistance or medical assistance.

(1)(a) Medical assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the Oregon Health Authority or the Department of Human Services.
(b) Public assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the department.
(2) The department and the authority may also recoup public assistance and medical assistance improperly disbursed from earnings that the state disregards pursuant to ORS 411.083 and 412.007 as follows:
(a) The department and the authority shall notify the recipient that the recipient may elect to limit the recoupment monthly to an amount equal to one-half the amount of disregarded earnings by granting the department or the authority a confession of judgment for the amount of the overpayment.
(b) If the recipient does not elect to grant the confession of judgment within 30 days the department or the authority may recoup the overpayment from the entire amount of disregarded earnings. The recipient may at any time thereafter elect to limit the monthly recoupment to one-half the disregarded earnings by entering into a confession of judgment.
(3) The department and the authority shall not execute on a confession of judgment until the recipient is no longer receiving public assistance or medical assistance and has either refused to agree to or has defaulted on a reasonable plan to satisfy the judgment.
(4) This section does not prohibit the department or the authority from adopting rules to exempt from recoupment any portion of disregarded earnings. [1979 c.719 §2; 2011 c.720 §118; 2013 c.688 §52a; 2015 c.765 §26]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.640 - Overpayments of public assistance or medical assistance.

A person has received an overpayment of public assistance or medical assistance, for purposes of ORS 411.703, if the person has:
(1) Received, either for the benefit of the person or for the benefit of any other person, any amount or type of public assistance or medical assistance to which the person or the other person is not entitled under state law;
(2) Spent lawfully received public assistance or medical assistance that was designated by the Department of Human Services or the Oregon Health Authority for a specific purpose on an expense not approved by the department or the authority and not considered a basic requirement under ORS 411.070 (2)(a) or a health service;
(3) Misappropriated public assistance or medical assistance by cashing and retaining the proceeds of a check on which the person is not the payee and the check has not been lawfully indorsed or assigned to the person; or
(4) Failed to reimburse the department or the authority, when required by law, for public assistance or medical assistance furnished for a need for which the person is compensated by another source. [1963 c.499 §4; 2007 c.118 §1; 2011 c.720 §119; 2013 c.688 §53]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.650

[1963 c.499 §5; 1965 c.300 §1; 1971 c.799 §23; 2003 c.576 §442; 2009 c.28 §1; renumbered 411.087 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.660 - Modification, cancellation or suspension of public assistance.

(1) If any person is convicted of a violation of any provision of ORS 411.630, any grant of public assistance made wholly or partially to meet the needs of such person shall be modified, canceled or suspended for such time and under such terms and conditions as may be prescribed by or pursuant to rules or regulations of the Department of Human Services.
(2) Subsection (1) of this section does not apply to a grant of public assistance to meet the needs of a child under the age of 18 years. [1963 c.499 §6; 2001 c.900 §92; 2011 c.720 §119a; 2013 c.688 §54]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.670 - Definitions for ORS 411.640, 411.670, 411.675 and 411.690.

As used in this section and ORS 411.640, 411.675 and 411.690:
(1) "Claims for payment" includes bills, invoices, electronic transmissions and any other document requesting money in compensation for or reimbursement of needs which have been furnished to any public assistance or medical assistance recipient.
(2) "Need" means any type of care, service, commodity, shelter or living requirement.
(3) "Person" includes individuals, corporations, associations, firms, partnerships, governmental subdivisions and agencies and public and private organizations of any character. [1983 c.609 §2; 2011 c.720 §120; 2013 c.688 §55]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.675 - Submitting wrongful claim for payment of public assistance or medical assistance.

A person may not obtain or attempt to obtain, for personal benefit or the benefit of another person, a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient by knowingly:
(1) Submitting or causing to be submitted to the Department of Human Services or the Oregon Health Authority a false claim for payment;
(2) Submitting or causing to be submitted to the department or the authority a claim for payment that already has been submitted for payment unless the claim is clearly labeled as a duplicate;
(3) Submitting or causing to be submitted to the department or the authority a claim for payment that is a claim that already has been paid by any source unless clearly labeled as already paid; or
(4) Accepting a payment from the department or the authority for the costs of items or services that have not been provided to or for the benefit of a public assistance or medical assistance recipient. [1983 c.609 §3; 2011 c.720 §121; 2013 c.688 §56]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.690 - Liability of person wrongfully receiving payment of public assistance or medical assistance; amount of recovery; rules.

(1) A person who accepts from the Department of Human Services or the Oregon Health Authority a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient is liable to refund or credit the amount of the payment to the department or the authority if the person has obtained or subsequently obtains from the recipient or from any source any additional payment for furnishing the same need. However, the liability of the person is limited to the lesser of the following amounts:
(a) The amount of the payment accepted from the department or the authority; or
(b) The amount by which the aggregate sum of all payments accepted or received by the person exceeds the maximum amount payable for the need under rules adopted by the department or the authority.
(2) Notwithstanding subsection (1) of this section, a person who, after having been afforded an opportunity for a contested case hearing pursuant to ORS chapter 183, is found to have violated ORS 411.675 is liable to the department or the authority for treble the amount of the payment received as a result of the violation.
(3) The department and the authority may prosecute civil actions to recover moneys claimed due under this section and for costs and disbursements incurred in such actions. [1963 c.609 §11; 1977 c.669 §1; 1983 c.609 §4; 2011 c.720 §122; 2013 c.688 §57]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.692 - Definition for ORS 93.268 and 411.694.

As used in ORS 93.268 and 411.694, "encumbrance" means a voluntary instrument granting a security interest in the affected real property to secure a monetary obligation. [2003 c.638 §1; 2005 c.22 §279]
Note:
411.692 and 411.694 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.694 - Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance; rules.

(1) When an individual receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025 and the individual is the holder of record title to real property or the purchaser under a land sale contract, the Department of Human Services or the Oregon Health Authority may present to the county clerk for recordation in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property.
(2) A title insurance company or agent shall provide the state agency that filed the request with a notice of transfer or encumbrance as required by ORS 93.268.
(3) If the department or the authority has filed a request for notice of transfer or encumbrance for recording in the deed and mortgage records, the department or the authority shall file with the county clerk a termination of request for notice of transfer or encumbrance when it is no longer necessary or appropriate to monitor transfers or encumbrances related to the real property.
(4) The department shall adopt by rule a form of the request for notice of transfer or encumbrance, the notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:
(a) Contains the name of the public assistance or medical assistance recipient, a case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual’s public assistance or medical assistance records;
(b) Contains the legal description of the real property;
(c) Contains a mailing address for the department or the authority to receive the notice of transfer or encumbrance; and
(d) Complies with the requirements for recordation in ORS 205.232 and 205.234 for those forms intended to be recorded.
(5) The authority shall use the forms adopted by the department under subsection (4) of this section and may designate the department to receive, on behalf of the authority, a notice of transfer or encumbrance provided in accordance with subsection (2) of this section.
(6) The department or the authority shall pay the recordation fee required by the county clerk under ORS 205.320.
(7) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of or other interest in the real property. [2003 c.638 §2; 2011 c.720 §123; 2013 c.688 §58]
Note:
See note under 411.692.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.700

[1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11; 1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581 §9; 2005 c.381 §9; renumbered 411.083 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.703 - Issuance of warrants for overpayment of public assistance or medical assistance.

(1) If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 to 411.845, or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS chapter 183 relating to the overpayment, the Department of Human Services or the Oregon Health Authority may:
(a) Issue a warrant that meets the requirements of ORS 205.125 for the overpayment; and
(b) Present a warrant issued under this section for recordation in the County Clerk Lien Record of the county clerk of any county in the state.
(2) The warrant must include the principal amount of the overpayment, interest accumulated pursuant to ORS 82.010 or other applicable law, costs associated with recording, indexing and serving the warrant and costs associated with an instrument evidencing satisfaction or release of the warrant.
(3) The department or the authority shall mail a copy of the warrant to the debtor at the last known address of the debtor.
(4) Upon receipt of the warrant for recordation, the county clerk shall record the warrant in the manner provided in ORS 205.125.
(5) Upon issuance of the warrant, the department or the authority may issue a notice of garnishment in accordance with ORS 18.854.
(6) Upon recording, the warrant:
(a) Has the effect described in ORS 205.125 and 205.126; and
(b) May be enforced as provided in ORS 18.854 and 205.126. [2003 c.663 §2; 2007 c.118 §2; 2009 c.599 §19; 2011 c.720 §124; 2013 c.688 §59]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.704 - Definitions for ORS 411.141, 411.706 and 411.708.

As used in this section and ORS 411.141, 411.706 and 411.708:
(1) "Assistance" means:
(a) Cash payments or noncash benefits provided under ORS 411.706 to or on behalf of a needy person who is a resident of this state and who is blind, has a disability or is 65 years of age or older; or
(b) Special need allowances for one-time or ongoing needs.
(2) "Blind" means having:
(a) Visual acuity with corrective lenses that does not exceed 20/200 in the better eye, or vision in the better eye that is restricted to a field that subtends an angle of not greater than 20 degrees; or
(b) An equivalent visual impairment, as determined by the Department of Human Services after examination by:
(A) An ophthalmologist licensed to practice medicine and surgery in Oregon or in another state or territory of the United States having qualifications substantially similar to those of the State of Oregon; or
(B) An optometrist licensed and practicing in Oregon or in another state or territory of the United States having qualifications substantially similar to those of the State of Oregon.
(3) "Disability" means a physical or mental impairment that:
(a) Is likely to continue without substantial improvement for no less than 12 months or to result in death; and
(b) Prevents performance of substantially all the ordinary duties of occupations in which a person not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the individual with the physical or mental impairment.
(4)(a) "Income" means net income in cash or in kind available to the applicant or recipient, the receipt of which is regular and predictable enough to afford security in the sense that the applicant or recipient may rely upon it to contribute toward meeting the needs of the applicant or recipient.
(b) "Income" does not include:
(A) Earnings or other income that may be exempted in compliance with federal laws and regulations; or
(B) Premiums on life insurance policies, whether paid by the applicant, recipient or other person.
(5) "Recipient" means a person who is receiving assistance provided by the Oregon Supplemental Income Program.
(6) "Resources" means an asset that may be applied toward meeting the needs of the applicant or recipient, including real and personal property holdings contributing to the maintenance of the applicant or recipient or representing investments or savings that may be drawn upon for maintenance purposes. [2005 c.381 §2; 2007 c.70 §187; 2009 c.849 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.706 - Oregon Supplemental Income Program.

(1) The Oregon Supplemental Income Program shall provide assistance according to the rules of the Department of Human Services and on the basis of need, taking into account the income and resources available to the applicant or recipient.
(2) Recipients of assistance under the Oregon Supplemental Income Program qualify for medical assistance as defined in ORS 414.025. [2005 c.381 §3; 2007 c.70 §188; 2009 c.849 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.708 - Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable.

(1) The amount of any assistance paid under ORS 411.706 is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipient, if any, shall be charged for assistance granted under ORS 411.706 to the deceased recipient or the surviving spouse. There shall be no adjustment or recovery of assistance correctly paid on behalf of any deceased recipient under ORS 411.706 except after the death of the surviving spouse of the deceased recipient, if any, and only at a time when the deceased recipient has no surviving child who is under 21 years of age or who is blind or has a disability. Transfers of real or personal property by recipients of assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (2).
(2) Except when there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or has a disability, the amount of any assistance paid under ORS 411.706 is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.
(3) Nothing in this section authorizes the recovery of the amount of any assistance from the estate or surviving spouse of a recipient to the extent that the need for assistance resulted from a crime committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011 c.602 §35; 2011 c.720 §124a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.710 - Basis for granting general assistance; rules.

(1) General assistance shall be granted in accordance with the rules and regulations of the Department of Human Services and on the basis of need, taking into account the income, resources and maintenance available to the individual from whatever source derived and the necessary expenditures of the individual and the conditions existing in each case.
(2) With respect to health services and needs to be provided in any general assistance programs during any period, and within the limits of funds available therefor, the department shall determine and fix, subject to such revisions as it may make from time to time:
(a) The types and extent of health services and needs to be provided to applicants and recipients.
(b) Statewide uniform standards to be observed in the provision of health services and needs.
(c) The maximum number of days of health services and needs toward the cost of which general assistance funds will be expended in the care of any applicant or recipient.
(d) Schedules of maximum fees, charges and daily rates to which general assistance funds will be applied toward meeting the costs of providing health services and needs to an applicant or recipient.
(3) The types and extent of health services and needs and the amounts to be paid in meeting the costs thereof, as determined and fixed by the department, shall be the total general assistance available to applicants and recipients for health services and needs and the total amounts from general assistance funds available to vendors in meeting such costs.
(4) Payments of general assistance for medical care and services shall constitute payment in full for all such care and services for which the payments were made. [Amended by 1965 c.556 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.730 - Application for general assistance; determination of eligibility and amount of grant.

The Department of Human Services shall receive all applications for general assistance, and shall determine in accordance with its rules and regulations the eligibility for and the amount of the assistance which any person shall receive. [Amended by 1955 c.613 §2; 1969 c.68 §4; 1971 c.779 §24]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.740 - General assistance administration.

The Department of Human Services shall administer and supervise the administration of general assistance and it shall prescribe the form of and supply all blank applications, reports, affidavits and such other forms as the department deems advisable. [Amended by 1969 c.597 §244; 1971 c.779 §25]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.750 - Cooperation with federal government in providing general assistance.

The Department of Human Services shall cooperate with the United States Government, departments and agencies of the State of Oregon and the counties of the state in providing general assistance, either direct relief, community work and training, medical and hospital care or other services for needy persons and shall receive, disburse or distribute all sums of money, commodities and other properties from the United States Government, departments or agencies of the State of Oregon and counties of the state for assistance purposes for needy persons. [Amended by 1967 c.130 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.752 - General assistance project established.

(1) The general assistance project is established in the Department of Human Services. The department shall conduct outreach to individuals who are likely to meet the qualification criteria for the project and provide aid and services designed to assist the individuals in securing housing and Supplemental Security Income benefits or Social Security Disability Insurance benefits. An individual is qualified to participate in the project if the individual:
(a) Has been determined by the department to have a disability that would qualify the individual for Supplemental Security Income benefits or Social Security Disability Insurance benefits;
(b) Is enrolled in the medical assistance program; and
(c) Is homeless.
(2) The aid and services provided under this section must include, but are not limited to:
(a) Housing assistance;
(b) Cash assistance for personal incidentals; and
(c) Assistance in applying for and securing Supplemental Security Income benefits or Social Security Disability Insurance benefits.
(3) Up to 200 individuals may participate in the project each month. [2016 c.93 §1]
Note:
411.752 and 411.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.753 - Advisory group for general assistance project.

The Department of Human Services shall convene an advisory group that includes individuals representing nonprofit agencies that, as part of their primary mission, advocate for and provide services to low income adults. The department shall work with the advisory group to:
(1) Compile a list of attorneys to represent the participants in the general assistance project described in ORS 411.752 in appealing adverse determinations by the United States Social Security Administration; and
(2) Develop metrics to evaluate the success of the project in securing for the individuals participating in the project housing and Supplemental Security Income benefits or Social Security Disability Insurance benefits. [2016 c.93 §2]
Note:
See note under 411.752.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.760 - Assistance grants are inalienable.

All moneys granted under the provisions of ORS 411.060, 411.070, 411.706, 411.710 to 411.730 and 411.752 are inalienable by any assignment or transfer and are exempt from garnishment, levy or execution under the laws of this state. [Amended by 2005 c.381 §10; 2016 c.93 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.790 - Assistance to certain persons receiving employment income.

(1) In granting general assistance, the Department of Human Services shall apply a graduated scale that disregards a portion of a person’s income, if that income is earned in employment that is part of an approved treatment or rehabilitation program and if the person has been unemployed and receiving general assistance due to chronic mental illness.
(2) The department shall continue to provide health services and needs, as described in ORS 411.710 (2), to a person described in subsection (1) of this section for a period of time not to exceed two years after the person ceases to receive general assistance if:
(a) Group health insurance is not available to the person through employment or otherwise; and either
(b) Termination of eligibility for health services and needs would seriously inhibit the person’s ability to continue employment; or
(c) The person’s earnings are not sufficient to allow the person a reasonable equivalent of the general assistance and health service benefits which would be available to the person in the absence of the earnings.
(3) If the person described in subsection (1) of this section is covered by a group health insurance plan, the department shall continue to provide health services and needs for the limited purpose of paying the costs of treatment for preexisting conditions until such costs are paid in whole or in part by the group health insurance policy.
(4) For purposes of this section, "approved treatment and rehabilitation program" and "chronic mental illness" shall be defined by the department by rule.
(5) For the purposes of general assistance, any work performed by a person while that person is hospitalized in a state or community psychiatric hospital shall not be considered employment.
(6) Nothing in this section is intended to limit the authority of the department to disregard the income of, and extend the period of eligibility for health services and needs to, persons other than those described in subsection (1) of this section. [1981 c.341 §2; 2001 c.900 §93]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.795 - Claim against estate of deceased recipient of general assistance.

(1) The amount of any general assistance paid under ORS chapter 411 is a claim against the property or any interest therein belonging to and a part of the estate of any deceased recipient or if there be no estate or the estate does not have sufficient assets to satisfy the claim, the estate of the surviving spouse shall be charged for such aid paid to either or both; provided, however, that there shall be no adjustment or recovery of any general assistance correctly paid to or on behalf of any individual under ORS chapter 411 except after the death of such individual and the surviving spouse of the individual, if any, and only at a time when the individual has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.
(2) Except where there is a surviving spouse, or a surviving child who is under 21 years of age or is blind or permanently and totally disabled, the amount of any general assistance paid under ORS chapter 411 is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.
(3) This section does not authorize the recovery of the amount of any aid from the estate or the surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient.
(4) This section does not create a claim against the property or interests of a recipient of general assistance provided under ORS 411.752. [1971 c.422 §1; 1975 c.386 §1; 1985 c.522 §1; 1995 c.664 §91; 2005 c.754 §2; 2013 c.688 §60; 2016 c.93 §7]
Note:
411.795 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.802 - Compensation for in-home care by spouse.

If an approved provider who is compensated by the Department of Human Services for providing in-home care to a recipient of public assistance or medical assistance marries the recipient, the department shall consider the care provided as compensable even though provided by a spouse. The standard of compensation under this section shall be the same as the standard applied for in-home care provided by an approved provider not residing in the home of the recipient. [1987 c.629 §2; 2001 c.900 §94; 2013 c.688 §61]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.803 - When spouse may be compensated for in-home care.

When a married recipient of public assistance provided under ORS 411.706 requires in-home care, the Department of Human Services shall provide that such care be compensated even though provided by the spouse, in the manner and to the extent specified by rule of the department based on the extent of need and the availability of funds therefor. [1985 c.638 §2; 2001 c.900 §95; 2005 c.381 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.811 - Distribution by tribal councils; duties of department with respect to food distribution programs; rules.

(1) A tribal council of an Indian tribe may make direct distribution of food commodities to recipients.
(2) With respect to food distribution programs, the Department of Human Services shall:
(a) Execute agreements necessary to maintain the eligibility of this state to receive food commodities, and to carry into effect ORS 411.806 to 411.845 relating to such programs, including agreements with other agencies of this state, with the federal government and its agencies, and with tribal councils of Indian tribes;
(b) Order, ship and store food commodities pending their delivery to tribal councils of Indian tribes or otherwise for direct distribution to recipients;
(c) Determine and require that the storage, distribution and handling of food commodities are made in accordance with state and federal laws, rules, regulations and requirements;
(d) Determine the quantities of food commodities which recipients shall be entitled to receive with respect to any period and geographical area; and
(e) Except as otherwise provided by ORS 411.816, adopt and enforce rules necessary to maintain the eligibility of this state to receive food commodities and to carry into effect ORS 411.806 to 411.845 relating to such programs. [1963 c.599 §5 (enacted in lieu of 411.810); 1971 c.779 §27; 1989 c.942 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.813 - Farm Direct Nutrition Programs authorized; rules.

(1) The Oregon Health Authority, in partnership with the State Department of Agriculture, is authorized to operate a Farm Direct Nutrition Program to provide supplemental assistance to participants in the Women, Infants and Children Program established by ORS 413.500 for the purchase of fresh, unprocessed, locally grown fruits, vegetables and herbs from farmers’ markets or roadside stands.
(2) The authority, in partnership with the department, is authorized to operate a Senior Farm Direct Nutrition Program to provide supplemental assistance to individuals who are 60 years of age or older and who receive medical assistance under ORS chapter 414 or supplemental nutrition assistance under ORS 411.806 to 411.845, to purchase fresh, unprocessed, locally grown fruits, vegetables and herbs from farmers’ markets or roadside stands.
(3) The authority shall adopt by rule procedures and eligibility criteria for the Farm Direct Nutrition Program and the Senior Farm Direct Nutrition Program to permit the state to receive grants from the United States Department of Agriculture through the WIC Farmers’ Market Nutrition Program described in 7 C.F.R. part 248 and the Senior Farmers’ Market Nutrition Program described in 7 C.F.R. part 249. [2013 c.92 §1]
Note:
411.813 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.816 - Eligibility for and amount of assistance; rules.

The Department of Human Services shall adopt rules conforming to federal laws and regulations required to be observed in maintaining the eligibility of this state to receive from the federal government, and to issue supplemental nutrition assistance under the Supplemental Nutrition Assistance Program. Rules adopted by the department pursuant to this section shall relate to and include, but shall not be limited to:
(1) The classifications of and requirements of eligibility for individuals and households to receive supplemental nutrition assistance under the program. The limitations upon the income and resources of individuals and households established as requirements of eligibility under this section shall not exceed the maximum limitations on income and resources allowable under federal laws, rules and regulations;
(2) The periods during which individuals and households shall be certified or recertified to be eligible to receive supplemental nutrition assistance under the program;
(3) The amount of supplemental nutrition assistance to be issued or allotted to recipients, with respect to any period, under the program;
(4) Periodic redetermination and review of the eligibility of recipients to receive supplemental nutrition assistance under the program;
(5) Cancellation of certifications issued for, and adjustment of the numbers of individuals in any household eligible to receive supplemental nutrition assistance issued to recipients under the program for any period in accordance with changes of circumstances in individual cases; and
(6) Procedures to review, on the basis of substantial hardship, request for such adjustments. [1963 c.599 §7 (enacted in lieu of 411.815); 1969 c.571 §1; 1989 c.942 §2; 1997 c.581 §11; 2009 c.599 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.825 - Administration of Supplemental Nutrition Assistance Program.

(1) The Department of Human Services shall determine and certify the eligibility of all individuals and households to receive supplemental nutrition assistance under the Supplemental Nutrition Assistance Program.
(2) The department shall:
(a) Issue to recipients supplemental nutrition assistance made available from the federal government under the program; and
(b) Account to the federal government for all such supplemental nutrition assistance.
(3) In order to carry out the provisions of ORS 411.806 to 411.845, the department is authorized to contract with any governmental agencies or private agencies for distribution of supplemental nutrition assistance. [1963 c.559 §10; 1971 c.779 §28; 1975 c.179 §2; 1997 c.581 §12; 2009 c.599 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.826 - Hours worked as graduate assistant to count toward SNAP work requirements.

The Department of Human Services shall consider hours worked as a graduate assistant as hours worked in employment for the purpose of meeting employment and training or other work requirements in the Supplemental Nutrition Assistance Program. [2023 c.579 §2]
Note:
411.826 becomes operative January 1, 2025. See section 4, chapter 579, Oregon Laws 2023.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.827 - Appropriation of sums received from federal government.

All sums received by the Department of Human Services from the federal government to assist in meeting the costs of processing applications from, and of certifying and recertifying, individuals and households under ORS 411.806 to 411.845 are hereby appropriated to the department for expenditure in meeting the costs of processing applications from, and making certifications and recertifications of, individuals and households for the benefits made available pursuant to ORS 411.806 to 411.845. [1963 c.599 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.830 - Payment of losses from program.

(1) Any loss for which this state or its agencies may be liable to reimburse the federal government, in accordance with federal laws or regulations applicable to the Supplemental Nutrition Assistance Program, shall be paid from funds appropriated to the Department of Human Services for the purposes of ORS 411.806 to 411.845.
(2) Subsection (1) of this section shall not relieve any person of any civil or criminal liability to this state. [1963 c.599 §15; 1981 c.858 §1; 1997 c.581 §13; 2009 c.599 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.837 - Compliance with state and federal laws required.

Counties, state institutions and agencies, issuing agencies, retail food outlets, wholesale food concerns, banks and all persons who participate in or administer any part of the Supplemental Nutrition Assistance Program shall comply with all state and federal laws, rules and regulations applicable to such plans. [1963 c.599 §11; 2009 c.599 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.840 - Unlawfully obtaining or disposing of supplemental nutrition assistance.

(1) A person may not knowingly obtain or attempt to obtain, or aid or abet another person in obtaining or attempting to obtain, any supplemental nutrition assistance to which the person or such other person is not entitled to receive or use under ORS 411.806 to 411.845, or under any rule or regulation promulgated pursuant to ORS 411.806 to 411.845.
(2) A person may not knowingly give, sell, trade or otherwise dispose of supplemental nutrition assistance to another person who is not entitled to receive or use the assistance pursuant to ORS 411.806 to 411.845, or pursuant to any rule or regulation promulgated pursuant to ORS 411.806 to 411.845. [1963 c.599 §16; 1997 c.581 §15; 2009 c.599 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.845 - Prosecution; costs; accounting.

(1) If any person obtains, gives, sells, trades or otherwise disposes of any supplemental nutrition assistance in violation of ORS 411.840, the district attorney shall prosecute, for and in the name of the State of Oregon, a civil action or suit to recover from such person the amount of the supplemental nutrition assistance obtained, given, sold, traded or otherwise disposed of by such person.
(2) In any suit or action prosecuted under subsection (1) of this section, the state is entitled to recover interest and its costs and disbursements incurred in such suit or action.
(3) Moneys recovered by the state under this section shall be accounted for or paid to the federal and state governments, as their respective interests therein may appear. [1963 c.599 §17; 1997 c.581 §16; 2009 c.599 §8]
Note:
Sections 6 and 7, chapter 538, Oregon Laws 2023, provide:
Sec. 6.
(1) No later than 90 days after the effective date of this 2023 Act [September 24, 2023], the Department of Human Services shall submit to the United States Department of Agriculture a request for approval to waive the requirements of 7 U.S.C. 2014(d)(18) in order to exclude quarterly distributions of an advance payment of the tax credit allowed under section 2 of this 2023 Act [315.273] from consideration in determining eligibility for supplemental nutrition assistance.
(2) The department shall report the status of the request to the Legislative Assembly no later than September 15, 2024, and annually thereafter until September 15 following the date that the United States Department of Agriculture approves or denies the request for waiver. [2023 c.538 §6]
Sec. 7.
Section 6 of this 2023 Act is repealed on January 1, 2029. [2023 c.538 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.855 - Definitions for ORS 411.855 to 411.870.

For the purposes of ORS 411.855 to 411.870:
(1) "Community work and training program" means a program of a constructive nature designed to conserve work skills and to develop new skills of applicants and recipients of public assistance, pursuant to a plan jointly entered into by the Department of Human Services and a public entity, private nonprofit organization or private business under which such public entity, private nonprofit organization or private business undertakes to provide work or training to applicants or recipients of public assistance, who are required to participate without compensation in such program, and to provide supervision and control over such work or training.
(2) "Private business" means any business in which a profit may be made by the owner of the business.
(3) "Private nonprofit organization" means any organization which provides a service available to the general public where funding is based wholly or in part by donations from the general public and in which no part of the income of which is distributable to its members, directors or officers.
(4) "Public entity" means any agency of the federal or state government, county, city, town, public corporation or political subdivision in this state, including the Department of Human Services with respect to work or training in the department. [1961 c.631 §1; 1965 c.291 §1; 1967 c.130 §2; 1969 c.597 §245; 1971 c.779 §29; 1979 c.99 §1; 1993 c.739 §21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.860 - Community work and training programs authorized for general assistance applicants or recipients.

Subject to rules and regulations promulgated by the Department of Human Services, each employable applicant or recipient of general assistance may be required to participate without compensation in a community work and training program, as a condition to a grant of general assistance for the benefit of the applicant or recipient or those to whom the applicant or recipient owes a legal duty of support, and for periods of time limited by the amount of such assistance, in cash or in kind, provided through such grant. However, no applicant or recipient of general assistance shall be required or permitted to perform labor or services without compensation in a community work and training program if such labor or services can be performed by an employee of the public entity as a part of the regular duties of the employee. [1961 c.631 §2; 1965 c.291 §2; 1967 c.130 §3]