reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.119 - Prohibition against denial of public assistance or medical assistance based on drug conviction; exception.

(1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony.
(2) The Department of Human Services may suspend a person’s supplemental nutrition assistance if:
(a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.752 (1)(a) to (c); and
(b) The person is on probation, parole or post-prison supervision and the agency supervising the person makes a recommendation to the department, pursuant to subsection (3) of this section, that the department suspend the person’s supplemental nutrition assistance.
(3) When making a recommendation to the department regarding the continuation or suspension of a person’s supplemental nutrition assistance, a supervising authority shall consider, at a minimum, whether there is reason to believe:
(a) That the person traded the person’s supplemental nutrition assistance for controlled substances; and
(b) That, as a result of the trading, a member of the person’s household who is a dependent of the person did not receive the supplemental nutrition assistance for which the member is eligible.
(4) The department shall reinstate the supplemental nutrition assistance of a person whose benefits were suspended under subsection (2) of this section if the department receives a recommendation from the supervising authority to reinstate the benefits pursuant to subsection (5) of this section.
(5) When making a recommendation to the department regarding the reinstatement of supplemental nutrition assistance, the supervising authority shall consider, at a minimum, the following:
(a) Whether members of the person’s household are also receiving supplemental nutrition assistance; and
(b) Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 §46; 2005 c.706 §22; 2009 c.599 §18; 2013 c.688 §38]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.120

[Amended by 1957 c.648 §1; 1961 c.600 §4; 1961 c.620 §3; 1965 c.556 §17; 1967 c.588 §3; 1969 c.123 §1; 1969 c.203 §1; 1971 c.779 §10; 1991 c.66 §1; 1995 c.343 §41; 1997 c.581 §6; 2005 c.381 §7; renumbered 411.141 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.121 - Local district pilot projects; rules.

(1) Notwithstanding ORS 411.070, the Department of Human Services is authorized to establish and implement local district pilot projects that promote the improvement of work skills, education and employability by offering client incentives that reward significant progress leading toward self-sufficiency. Client incentives offered under this section shall not exceed the equivalent of one month’s temporary assistance for needy families grant in any 12-month period. No applicant or recipient participating in a pilot program shall be disadvantaged by such participation.
(2) The department shall monitor the results of any approved pilot projects to determine the types of client incentives that result in positive client performance. Within the limit of existing funds, the department may implement statewide those client incentives that prove to be cost-effective. The department shall solicit input from clients and client advocates prior to such statewide implementation.
(3) The department shall adopt all rules necessary to implement and administer the provisions of this section. [1997 c.581 §47]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.122 - Department to make dependent care payments directly to providers.

The Department of Human Services shall provide dependent care payments directly to dependent care providers for eligible families. [1989 c.1047 §1; 1995 c.278 §47]
Note:
411.122 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 411.125

[1969 c.597 §228b; 1971 c.779 §71; 1981 c.545 §8; 1991 c.10 §1; 1999 c.422 §1; 2001 c.900 §87; renumbered 411.075 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.128 - Department’s acceptance of gifts and grants for scholarships.

(1) In addition to other funds made available for education and training of public assistance recipients, the Department of Human Services may accept gifts and grants from private sources for the purpose of providing the scholarships or grants authorized under ORS 411.175.
(2) The moneys received under subsection (1) of this section shall be deposited in a special account, separate and distinct from the General Fund, to be named the Department of Human Services Scholarship Account, which account is established. All moneys in the account and all earnings thereon are continuously appropriated to the Department of Human Services to be used together with any federal funds that may be available to provide scholarships or grants under ORS 411.175.
(3) The amount in the Department of Human Services Scholarship Account that is available after scholarships and grants under ORS 411.175 have been awarded for any period shall be reported to the Oregon Investment Council by the Department of Human Services and shall be considered investment funds within the meaning of ORS 293.701 to 293.857 and shall be invested in accordance with the standards of ORS 293.726. All earnings on such investments shall be credited to the Department of Human Services Scholarship Account. [Formerly 411.575]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.135 - Department cooperation with federal government in research and training personnel.

In addition to its other powers, the Department of Human Services may:
(1) Enter into agreements with, join with or accept grants from, the federal government for cooperative research and demonstration projects for public welfare purposes, including, but not limited to, any project which:
(a) Relates to the prevention and reduction of dependency.
(b) Aids in effecting coordination of planning between private and public welfare agencies of the state.
(c) Improves the administration and effectiveness of programs carried on or assisted by the department.
(2) With the cooperation and the financial assistance of the federal government, train personnel employed or preparing for employment in the department. The training may be carried out in any manner, including but not limited to:
(a) Directly by the department.
(b) Indirectly through grants to public or other nonprofit institutions of learning or through grants of fellowships.
(c) Any other manner for which federal aid in support of the training is available.
(3) Subject to the allotment system provided for in ORS 291.234 to 291.260, expend the sums required to be expended for the programs and projects described in subsections (1) and (2) of this section. [1957 c.569 §1; 1961 c.600 §5; 1969 c.597 §232; 1971 c.779 §11; 1975 c.509 §1; 1991 c.66 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.137 - Contributions by state and counties for medical assistance demonstration projects under ORS 411.135.

Exclusive of all sums of money contributed by the federal government for medical assistance and administration under ORS 414.033 (2) the State of Oregon shall contribute 40 percentum and the several counties of the state in which demonstration projects are operating shall each contribute 60 percentum of all sums, including administrative costs, required to be expended for such purposes in and for such respective counties. [1975 c.509 §8; 1991 c.66 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.141 - Authorized expenditures by department for public assistance and OSIP medical assistance.

The Department of Human Services may, subject to the allotment system provided for in ORS 291.234 to 291.260, expend such sums as are required to be expended in this state to provide public assistance. Expenditures for public assistance include, but are not limited to, expenditures for the following purposes:
(1) Temporary assistance for needy families granted under ORS 412.001 to 412.069, including services to relatives with whom dependent children applying for or receiving temporary assistance for needy families are living in order to help such relatives attain the maximum self-support or self-care consistent with the maintenance of continuing parental care and protection or in order to maintain and strengthen family life for such children.
(2) Assistance provided by the Oregon Supplemental Income Program and medical assistance provided to recipients of assistance under the Oregon Supplemental Income Program.
(3) General assistance granted under ORS 411.710 to 411.730 and 411.752.
(4) Carrying out the provisions of law for child welfare purposes.
(5) Scholarships or grants for qualified recipients to provide them education and professional, technical or other helpful training, payable to a publicly supported career school or educational institution on behalf of the recipient.
(6) Other purposes for which the department is authorized to expend funds, including the administration expenses of the department.
(7) Carrying out the provisions of ORS 411.116. [Formerly 411.120; 2013 c.688 §39; 2015 c.70 §7; 2016 c.93 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.142 - Quarterly allocation of funds for each category of public assistance.

The Department of Human Services, taking into consideration the total amount of funds available for public assistance in Oregon during the biennial period beginning July 1 of each odd-numbered year, the estimated number of beneficiaries in each category thereof, current and estimated costs of essential needs to maintain a standard of living during such period compatible with decency and health and such other matters as it may deem pertinent, shall estimate and allocate the funds available for each category of public assistance on a monthly basis subject to the quarterly revisions. Changes in such allocations, if any, shall be uniform and, as nearly as practicable and considering the above factors, proportionately equal in each such category. The monthly amounts so found estimated and allocated shall be deemed to be the funds available for each category for public assistance in Oregon. [Formerly 411.130]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.144 - Deposit of funds received for public assistance purposes; appropriation.

(1) The Department of Human Services shall deposit in the State Treasury to the credit of the General Fund all the amounts received by it from the United States Government or its agencies or from any other source for public assistance purposes. All such funds, together with any remaining balances of funds received for the purposes of public assistance of any type, hereby are appropriated for expenditure by the department for the type of public assistance for which such funds were granted to or received by the state or appropriated by the state, as the case may be.
(2) All moneys received from refunds, cancellations or recoveries resulting from public assistance payments made from state funds, as differentiated from federal or county funds, shall be paid into the State Treasury and credited to the Public Welfare Account and hereby are appropriated for expenditure by the department for public assistance purposes. [Formerly 411.220]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.146 - Payment of public assistance claims; rules.

Warrants shall be drawn by the Oregon Department of Administrative Services in favor of the Department of Human Services for the aggregate amounts of public assistance or refunds to counties duly certified by the department to be due to any person or county in such amount as may be set forth in such certification. The department shall cause to be deposited all such warrants in payment of public assistance or refunds to counties in the State Treasury in a suspense checking account for distribution to those entitled thereto and may draw its checks on the State Treasury in favor of the persons, firms, corporations, associations or counties entitled thereto under such rules as it shall promulgate so as to include in single combined payments for specified periods all moneys allotted to particular payees from various sources for said period. [Formerly 411.230]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.148 - Public Welfare Account.

(1) There hereby is established in the General Fund of the State Treasury an account to be known as the Public Welfare Account. All moneys in the Public Welfare Account hereby are appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the Public Welfare Account and all appropriations from the account shall be subject to allotment made by the Oregon Department of Administrative Services.
(2) The Department of Human Services shall keep a record of all moneys credited to and deposited in the Public Welfare Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.
(3) The unobligated balance in the Public Welfare Account on June 30 of each odd-numbered year shall be determined by the Department of Human Services as of September 30 following the close of each biennium and certified to the Oregon Department of Administrative Services. The amount certified pursuant to this subsection shall revert to the General Fund and become available for general governmental purposes. [Formerly 411.240]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.149 - Advancements from Public Welfare Account to meet public assistance claims payable from federal funds.

Pending receipt by the State Treasurer of federal funds for the payment of public assistance, the moneys in the Public Welfare Account appropriated for expenditure by the Department of Human Services for public assistance purposes shall be expended to the extent necessary to meet claims for public assistance which otherwise would be paid from such federal funds. Upon notice that such federal funds have been received by the State Treasurer, the department shall prepare a claim against such funds for the amount advanced from the Public Welfare Account for the purposes of this section and a warrant may be drawn by the Oregon Department of Administrative Services in favor of the State Treasurer in payment of such claim, for credit to and reimbursement of the Public Welfare Account. [Formerly 411.242]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.151 - Department of Human Services revolving fund.

The revolving fund in the amount of $50,000 established by warrant drawn on the State Treasurer by the Oregon Department of Administrative Services payable out of the Public Welfare Account in favor of the Department of Human Services is continued. The revolving fund shall be used by the Department of Human Services for the purpose of providing funds to pay current salaries and expenses, emergency public assistance advances and other expenses when it is necessary to make immediate cash payments. The revolving fund shall be deposited with the State Treasurer. For the purpose of providing working cash balances for emergency public assistance advances and other expenses when it is necessary to make immediate cash payments, the Department of Human Services may withdraw from the State Treasury portions of the fund to be used by designated custodians for the purposes authorized by this section. The designated custodians may hold the funds or may deposit the funds in any bank authorized as a depository of state funds, or may hold part and deposit the remainder. The revolving fund shall be reimbursed by warrants drawn by the Oregon Department of Administrative Services upon the verified claims of the Department of Human Services and warrants payable out of the Public Welfare Account. [Formerly 411.245]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.154 - Report to Legislative Assembly.

The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly on the status and efficacy of:
(1) The domestic violence identification process under ORS 412.072;
(2) Emergency assistance utilization for victims of domestic violence; and
(3) Domestic violence training for department staff, information sharing and evaluation. [Formerly 411.118; 2011 c.545 §46]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.171 - Certain job referrals prohibited; eligibility not conditioned on employment at workplace involved in labor dispute.

(1) The Department of Human Services may not refer any individual on a job referral that would aid in the filling of a job opening that exists because of a labor dispute.
(2) Notwithstanding any other provision of law, neither the department nor any other state agency may require as a condition of eligibility to receive benefits or services provided by the department or agency that an individual apply for or accept employment at any workplace where there is a labor dispute in progress.
(3) As used in this section, "labor dispute" has the meaning given that term in ORS 662.010. [Formerly 409.710]
Note:
411.171 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 411.175 - Scholarships and grants for public assistance recipients.

(1) In addition to any other scholarships or grants provided by law and subject to the availability of funds in the Department of Human Services Scholarship Account, the Department of Human Services may award tuition and fee-exempting scholarships or grants and additional funds for purchase of required books and supplies from other funds, whether from public or private sources, made available for training of recipients toward self-support to those qualified to receive welfare assistance, for enrollment at any publicly supported educational, vocational or training institution in this state.
(2) Scholarships or grants shall be awarded on the basis of the recipient’s apparent ability and willingness to profit from the education or the vocational, technical, or other courses available, to the end that scholarships or grants awarded will benefit both the student and the people of this state.
(3) In order to facilitate the most effective use of funds granted under this section, the Department of Human Services may apply funds available under this section to supportive services, including but not limited to transportation and child care, for scholarship or grant recipients whenever the availability of such services has been eliminated by the exhaustion of funds in the department’s job related training program. [Formerly 411.580; 2015 c.765 §26a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.220

[Subsections (2) and (3) enacted as 1953 c.458 §§2,4; 1961 c.600 §6; 1961 c.620 §4; 1969 c.45 §1; 1969 c.203 §2; renumbered 411.144 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.240

[Amended by 1961 c.600 §7; 1963 c.537 §4; 1965 c.440 §3; 1967 c.454 §107; 2003 c.14 §179; renumbered 411.148 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.245

[1953 c.460 §1; 1967 c.71 §1; 1967 c.454 §49; 1971 c.80 §7; 1971 c.779 §12; 2003 c.14 §180; renumbered 411.151 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.300 - Use and custody of records; authorization for department to combine data system with Oregon Health Authority; rules.

(1) The Department of Human Services shall adopt and enforce rules governing the custody, use and preservation of the records, papers, files and communications of the department in accordance with applicable privacy laws. The use of the records, papers, files and communications is limited to the purposes for which they are furnished and by the provisions of the law under which they may be furnished.
(2) The records, papers, files and communications of the department may be maintained in a single or combined data system accessible to the department and to the Oregon Health Authority for the administration of programs and the coordination of functions shared by the department and the authority. [Amended by 1953 c.500 §12; 1971 c.779 §16; 2005 c.381 §8; 2011 c.720 §99]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.320 - Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions.

(1) For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
(2) Nothing in this section prohibits the disclosure or use of contents of records, files, papers or communications for purposes directly connected with the establishment and enforcement of support obligations pursuant to the Title IV-D program.
(3) Nothing in this section prohibits the disclosure of the address, Social Security number and photograph of any applicant or recipient to a law enforcement officer at the request of the officer. To receive information pursuant to this section, the officer must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:
(a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;
(b) Is violating a condition of probation or parole; or
(c) Has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the applicant or recipient is within such official duties.
(4) Nothing in this section prohibits disclosure of information between the department and the Oregon Health Authority for the purpose of administering public assistance programs.
(5) Nothing in this section prohibits disclosure of information for the purposes of making a report of suspected abuse as required under ORS 124.060, 419B.010, 430.765 or 441.640. [1953 c.500 §5; 1971 c.779 §17; 1995 c.609 §8; 1997 c.581 §7; 2001 c.900 §88a; 2011 c.720 §100; 2023 c.271 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.335 - Prohibited use of lists or names.

No person or agency shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any lists or names for commercial or political purposes of any nature, or for any purpose not directly connected with the administration of the public assistance laws. [1953 c.500 §9; 1997 c.581 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.400 - Application for medical assistance.

(1) An application for any category of aid shall also constitute an application for medical assistance.
(2) The Department of Human Services and the Oregon Health Authority shall accept an application for medical assistance and any required verification of eligibility from the applicant, an adult who is in the applicant’s household or family, an authorized representative of the applicant or, if the applicant is a minor or incapacitated, someone acting on behalf of the applicant:
(a) Over the Internet;
(b) By telephone;
(c) By mail;
(d) In person; and
(e) Through other commonly available electronic means.
(3) The department and the authority may require an applicant or person acting on behalf of an applicant to provide only the information necessary for the purpose of making an eligibility determination or for a purpose directly connected to the administration of medical assistance or the health insurance exchange.
(4) The department and the authority shall provide application and recertification assistance to individuals with disabilities, individuals with limited English proficiency, individuals facing physical or geographic barriers and individuals seeking help with the application for medical assistance or recertification of eligibility for medical assistance:
(a) Over the Internet;
(b) By telephone; and
(c) In person.
(5)(a) The department shall promptly transfer information received under this section to the authority as necessary for the determination of eligibility for the health insurance exchange, premium tax credits or cost-sharing reductions.
(b) The department shall promptly transfer information received under this section to the authority for individuals who are eligible for medical assistance because they qualify for public assistance. [Formerly 414.047; 2010 c.73 §3; 2011 c.720 §101; 2013 c.14 §3; 2013 c.688 §41; 2015 c.3 §41; 2021 c.569 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.402 - Procedures for verifying eligibility for medical assistance; rules.

(1) The Department of Human Services and the Oregon Health Authority shall adopt by rule, consistent with federal requirements, the procedures for verifying eligibility for medical assistance, including but not limited to all of the following:
(a) The department and the authority shall access all relevant state and federal electronic databases for any eligibility information available through the databases.
(b) The department and the authority shall verify the following factors through self-attestation:
(A) Pregnancy;
(B) Date of birth;
(C) Household composition; and
(D) Residency.
(c) The department and the authority may not use self-attestation to verify citizenship and immigration status.
(d) The department and the authority may require the applicant to provide verification in addition to the verification specified in this subsection only if the department and the authority are unable to obtain the information electronically or if the information obtained electronically is not reasonably compatible with information provided by or on behalf of the applicant.
(e) The department and the authority shall use methods of administration that are in the best interests of applicants and recipients and that are necessary for the proper and efficient operation of the medical assistance program.
(2) Information obtained by the department under this section may be shared with the authority and with other state or federal agencies for the purpose of:
(a) Verifying eligibility for medical assistance, participation in the exchange or other health benefit programs;
(b) Establishing the amount of any tax credit due to the person, cost-sharing reduction or premium assistance;
(c) Improving the provision of services; and
(d) Administering health benefit programs. [Formerly 414.049; 2010 c.73 §4; 2011 c.720 §102; 2013 c.14 §4; 2013 c.688 §42; 2021 c.569 §15]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.404 - Determination of eligibility for medical assistance; rules.

(1) The Department of Human Services or the Oregon Health Authority shall determine eligibility for medical assistance according to criteria prescribed by rule and in accordance with the requirements for securing federal financial participation in the costs of administering Titles XIX and XXI of the Social Security Act.
(2) Rules adopted under this section may not require any needy person over 65 years of age, as a condition of entering or remaining in a hospital, nursing home or other congregate care facility, to sell any real property normally used as the person’s home. [Formerly 414.042; 2011 c.602 §34; 2011 c.720 §103; 2013 c.14 §5; 2013 c.688 §43]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.406 - Notice of change in circumstances.

(1) A medical assistance recipient shall immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income or other change in circumstances that directly affects the eligibility of the recipient to receive medical assistance, or that directly affects the amount of medical assistance for which the recipient is eligible. Failure to give the notice shall entitle the department or the authority to recover from the recipient the amount of assistance improperly disbursed by reason thereof.
(2)(a) The department or the authority shall redetermine the eligibility of a medical assistance recipient at intervals specified by federal law.
(b) The department and the authority shall redetermine eligibility under this subsection on the basis of information available to the department and the authority and may not require the recipient to provide information if the department or the authority is able to determine eligibility based on information in the recipient’s record or through other information that is available to the department or the authority.
(3) Notwithstanding subsection (2) of this section, if the department or the authority receives information about a change in a medical assistance recipient’s circumstances that may affect eligibility for medical assistance, the department or the authority shall promptly redetermine eligibility.
(4) If the department or the authority determines that a medical assistance recipient no longer qualifies for the medical assistance program in which the recipient is enrolled, the department or the authority must determine eligibility for other medical assistance programs, potential eligibility for the health insurance exchange, premium tax credits and cost-sharing reductions before terminating the recipient’s medical assistance.
(5) If a recipient of medical assistance administered by the department appears to qualify for the exchange, premium tax credits or cost-sharing reductions, the department shall promptly transfer the recipient’s record to the authority to process those benefits. [Formerly 414.057; 2011 c.720 §104; 2013 c.688 §44; 2021 c.569 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.408 - Hearing on eligibility for medical assistance; rules.

In addition to the requirements in ORS 414.605 (3) and 414.712 (5), if the Oregon Health Authority or the Department of Human Services denies a claim for medical assistance or fails to act with reasonable promptness on a claim for medical assistance, the person making the claim may request a contested case hearing. The hearing shall be held at a time and place and shall be conducted in accordance with rules adopted by the authority or the department, as appropriate. [Formerly 414.055; 2011 c.720 §105; 2013 c.688 §45]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.435 - Enrollment of medical assistance program clients; agreements with local governments.

The Oregon Health Authority and the Department of Human Services shall endeavor to develop agreements with local governments to facilitate the enrollment of medical assistance program clients. Subject to the availability of funds therefor, the agreement shall be structured to allow flexibility by the state and local governments and may allow any of the following options for enrolling clients in medical assistance programs:
(1) Initial processing may be done at the local health department by employees of the local health department, with eligibility determination completed at the local office of the Department of Human Services or by the authority;
(2) Initial processing and eligibility determination may be done at the local health department by employees of the local health department; or
(3) Application forms may be made available at the local health department with initial processing and eligibility determination done at the local office of the Department of Human Services or by the authority. [Formerly 414.151; 2011 c.720 §108; 2013 c.688 §46; 2015 c.736 §57]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.439 - Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital.

(1) As used in this section:
(a) "Person with a serious mental illness" means a person who is diagnosed by a psychiatrist, a licensed clinical psychologist or a certified nonmedical examiner as having dementia, schizophrenia, bipolar disorder, major depression or other affective disorder or psychotic mental disorder other than a disorder caused primarily by substance abuse.
(b) "Recertification date" means the date 12 months after the date an application for medical assistance was last approved or renewed.
(c) "State hospital" has the meaning given that term in ORS 162.135.
(2) The Department of Human Services and the Oregon Health Authority may continue the medical assistance of a person who is admitted to a state hospital until the earlier of:
(a) Twelve months after the person is admitted to the state hospital; or
(b) The person’s recertification date.
(3) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for medical assistance.
(4) Subsection (2) of this section does not apply to a person with a serious mental illness residing in a state hospital who is under 22 years of age or who is 65 years of age or older.
(5) A person with a serious mental illness whose medical assistance is terminated while the person is admitted to a state hospital may apply for medical assistance up to 120 days prior to the expected date of the person’s release from a state hospital. If the person is found to be eligible, the effective date of the person’s medical assistance shall be the date of the person’s release from the state hospital. [Formerly 414.424; 2011 c.207 §2; 2011 c.720 §109; 2013 c.688 §47; 2015 c.836 §2; 2018 c.43 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.447 - Suspension of medical assistance provided to inmates.

(1) As used in this section, "correctional facility" means:
(a) A local correctional facility as defined in ORS 169.005;
(b) A Department of Corrections institution as defined in ORS 421.005; or
(c) A youth correction facility as defined in ORS 162.135.
(2) The Department of Human Services or the Oregon Health Authority shall suspend, instead of terminate, the medical assistance of a person who is residing in a correctional facility.
(3) Upon notification that a person described in subsection (2) of this section is not residing in a correctional facility or that the person is admitted to a medical institution outside of the correctional facility for a period of hospitalization, the department or the authority shall reinstate the person’s medical assistance if the person is eligible for medical assistance.
(4)(a) A designee of a correctional facility may apply for medical assistance on behalf of a person, while the person is residing in the correctional facility, for the purpose of establishing eligibility for medical assistance upon the person’s release from the correctional facility or during a period of hospitalization that will occur outside of the correctional facility.
(b) The designee may obtain information necessary to determine eligibility for medical assistance, including the person’s Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 or 413.175. The information obtained under this paragraph may be used only for the purpose of assisting the person in applying for medical assistance and may not be redisclosed without the person’s authorization.
(c) If the person is determined eligible for medical assistance, the effective date of the person’s medical assistance shall be the date the person is released from the correctional facility or the date the person begins the period of hospitalization outside of the correctional facility.
(5) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for the medical assistance. [Formerly 414.440; 2015 c.836 §1]
Note:
411.447 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 411.463 - Availability of information on all licensed healing arts.

When giving information concerning medical assistance, the Oregon Health Authority and the Department of Human Services shall make available to applicants or recipients materials which include at least a listing of all the healing arts licensed in this state. [Formerly 414.073; 2011 c.720 §112]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.575

[1967 c.588 §2; 1969 c.707 §1; 1971 c.774 §16; 1989 c.966 §46; 1997 c.130 §7; 2003 c.14 §181; renumbered 411.128 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.580

[1967 c.588 §1; 1969 c.123 §2; 1971 c.227 §1; 1971 c.387 §1; 1971 c.774 §17; 1971 c.779 §21a; 1997 c.130 §8; 2003 c.14 §182; renumbered 411.175 in 2013]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.590

[1975 c.401 §5; 1981 c.784 §23; 1987 c.780 §1; 1999 c.548 §1; 2001 c.900 §89; 2001 c.901 §8; renumbered 411.159 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.593 - Investigations; power to subpoena, administer oaths, take depositions and fix witness fees.

(1) In connection with any public assistance investigation or hearing, the Director of Human Services, the Director of the Oregon Health Authority or any examiner, referee or other officer duly appointed to conduct the investigation or hearing may by subpoena compel the attendance and testimony of witnesses and the production of books, accounts, documents and other papers, and may administer oaths, take depositions and fix the fees and mileage of witnesses.
(2) The Department of Human Services and the Oregon Health Authority shall provide for defraying the expenses of such investigations or hearings, which may be held in any part of the state. [Formerly 411.375; 2011 c.720 §113]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.594 - Petition for enforcement of subpoena issued under ORS 411.593.

(1) In case of the refusal of a witness to attend or testify or produce any papers required by such subpoena, the person designated by the subpoena as the person before whom the testimony is to be given or the papers produced, may petition the circuit court in and for the county in which the investigation or hearing is pending for an order directing the witness to attend and testify or produce the papers before the petitioner.
(2) The petition shall allege that due notice was given of the time and place for the attendance of the witness or the production of the papers, that the witness was subpoenaed in the manner prescribed and that the witness failed and refused to attend, to produce the papers required by the subpoena or to answer questions propounded to the witness in the course of the investigation or hearing. [Formerly 411.380]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.596 - Court order to show cause issued upon filing of petition for enforcement of subpoena.

Upon the filing of such a petition, the court shall enter an order, a copy of which shall be served upon the witness, directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended and testified or produced the papers as required by the subpoena. [Formerly 411.385]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.597 - Court may compel appearance of witness before petitioner.

(1) If at the hearing provided for in ORS 411.596 it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the required papers.
(2) Failure by the witness to comply with an order made pursuant to subsection (1) of this section shall be dealt with as for contempt of court. [Formerly 411.390]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.610 - Indorsement by others of assistance checks or warrants payable to deceased recipient; disposition of proceeds.

Any check or warrant issued by the Department of Human Services or the Oregon Health Authority to a recipient of public assistance or medical assistance who subsequently dies may be indorsed in the name of the deceased by the surviving spouse or a next of kin in the order described in ORS 293.490 (3); and payment may be made and the proceeds used without any of the restrictions enumerated in ORS 293.495 (1). [Amended by 1957 c.120 §1; 1981 c.594 §9; 2011 c.720 §114; 2013 c.688 §49]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.620 - Recovery of public assistance or medical assistance obtained or disposed of unlawfully.

(1) The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided any other person to obtain public assistance or medical assistance, in violation of any provision of ORS 411.630 or in violation of ORS 411.640. In such suit or action, the department or the authority may recover the amount or value of public assistance or medical assistance obtained in violation of ORS 411.630 or in violation of ORS 411.640, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance.
(2) Except with respect to bona fide purchasers for value, the department, the authority, the conservator for the recipient or the personal representative of the estate of a deceased recipient may prosecute a civil suit or action to set aside the transfer, gift or other disposition of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department or the authority may recover out of such money or property, or otherwise, the amount or value of any public assistance or medical assistance obtained as a result of the violation, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance. [Amended by 1963 c.499 §1; 1971 c.334 §2; 1973 c.661 §1; 1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24; 2009 c.595 §262; 2011 c.720 §115; 2013 c.688 §50]