reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.606 - Referral of qualified individuals on home care registry.

(1)(a) The Department of Human Services, an area agency, other public agency or support services brokerage shall provide to an individual seeking a home care worker or a personal support worker names of qualified individuals, in the appropriate geographic area, who have been placed on the home care registry.
(b) The Home Care Commission may adopt criteria for referrals in order to ensure the effective delivery of home care services from qualified, committed, experienced and well-trained home care workers and personal support workers and to ensure that, for private pay home care workers, the requirements of ORS 410.605 are met.
(2) To facilitate the development and maintenance of the home care registry and any training opportunity offered by the commission, and to meet the requirements of providing workers’ compensation, the department, the Oregon Health Authority, area agencies, other public agencies and support services brokerages shall report to the commission:
(a) The name and address of any home care worker or personal support worker:
(A) Who provides home care services;
(B) Whose compensation is funded in whole or in part with state funds; and
(C) Who is not listed on the registry;
(b) The name of the program under which the home care worker or personal support worker provides the home care services;
(c) Any other data required by the commission for training and registry purposes; and
(d) Any other data required for workers’ compensation purposes.
(3) If necessary to collect the information required by subsection (2) of this section:
(a) The commission shall request the required information from the department, the authority or any agency or support services brokerage that provides or arranges payroll services for home care workers or personal support workers; and
(b) The department, authority, agency or support services brokerage shall provide the commission with the requested information.
(4) If the commission, with the assistance of the department, determines that the supply of home care workers is inadequate to meet the needs of medical assistance recipients who qualify for home care services, the commission may suspend or reduce the number of referrals of home care workers under the program described in ORS 410.605. [2001 c.901 §4; 2010 c.100 §§4,7,11; 2014 c.116 §7; 2018 c.75 §12]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.607 - Home care and personal support worker classifications and payment rates.

(1) The Home Care Commission shall convene a subcommittee of the commission to define and establish classifications of home care workers and personal support workers. The classifications shall be based on the worker’s training, level of skill and the scope of the services provided by the worker.
(2) The commission shall establish payment rates for each classification of home care worker participating in the program described in ORS 410.605. [2014 c.116 §4; 2018 c.75 §13]
Note:
410.607 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 410 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 410 - Senior and Disability Services › Section 410.608 - Selection of home care or personal support worker; right to terminate employment; eligibility determination made by Department of Human Services.

(1) An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to select the home care worker or personal support worker, including a family member.
(2) An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to terminate the employment of the home care worker or personal support worker at any time and for any reason.
(3) The Department of Human Services shall determine the eligibility of an elderly person or a person with a disability to receive home care services under the Medicaid program and state-funded long term care services. [2001 c.901 §5; 2007 c.70 §181; 2018 c.75 §14]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.612 - Collective bargaining.

(1) For purposes of collective bargaining under ORS 243.650 to 243.809, the Home Care Commission is the employer of record for home care workers and personal support workers.
(2) Except as provided in ORS 410.614 and 410.619, home care workers and personal support workers may not be considered to be employees of the State of Oregon, an area agency, a support services brokerage or other public agency.
(3)(a) The Oregon Department of Administrative Services shall represent the commission in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of home care workers and personal support workers. The department is authorized to agree to terms and conditions of collective bargaining agreements on behalf of the commission and the Department of Human Services.
(b) The Oregon Department of Administrative Services shall report to the legislative review agency, as defined in ORS 291.371, on any new or changed provisions relating to compensation in a collective bargaining agreement negotiated under this section. [2001 c.901 §6; 2014 c.116 §8; 2018 c.75 §15; 2020 s.s.2 c.10 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.614 - Rights of home care and personal support workers.

(1) Notwithstanding ORS 243.650 (19) and (20), the Home Care Commission shall be considered a public employer and home care workers and personal support workers shall be considered public employees governed by ORS 243.650 to 243.809.
(2) Home care workers and personal support workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration under ORS 243.742 as the method of concluding the collective bargaining process.
(3) Home care workers and personal support workers are not public employees with respect to the Public Employees Retirement System, the Oregon Public Service Retirement Plan or the Public Employees’ Benefit Board.
(4) Home care workers and personal support workers do not have the right to strike. [2001 c.901 §7; 2014 c.116 §9; 2018 c.75 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.619 - Home care and personal support workers not state employees; exception.

(1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.
(2) The state shall be deemed an employer of home care workers or personal support workers for the purposes of:
(a) ORS 410.605, 410.606, 410.612 and 410.614 and ORS chapter 657B; and
(b) ORS chapter 657, except as provided in ORS 657.730 (4). [Formerly 411.159; 2014 c.116 §10; 2017 c.307 §4; 2018 c.75 §17; 2019 c.700 §§52,53]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.625 - Authority of commission; budget.

(1) In carrying out its duties under ORS 410.595 to 410.625, the Home Care Commission may:
(a) Enter into an interagency agreement or a contract with any state agency for the performance of the commission’s duties or the leasing of office space;
(b) Provide nonemployee compensation to home care workers and personal support workers or prospective home care workers and personal support workers who attend training sessions approved or sponsored by the commission;
(c) On behalf of an elderly person or a person with a disability who hires a home care worker or personal support worker through the home care registry, elect workers’ compensation coverage or arrange for health insurance coverage, including group coverage, for the person’s home care workers or personal support workers; and
(d) As prescribed by rule, charge fees to and collect fees from persons who attend training sessions sponsored by the commission and who currently are not home care workers or personal support workers.
(2) The commission and the Department of Human Services shall confer as to the amount of funds necessary to carry out the duties and activities of the commission, and the department shall include the agreed upon amount in the Governor’s budget.
(3) The commission may apply for and receive gifts and grants from any public or private source.
(4) The commission may award grants from funds appropriated by the Legislative Assembly to the department for allocation to the commission or from funds otherwise available from any other source for the purpose of carrying out the duties of the commission under ORS 410.595 to 410.625. [2007 c.797 §2; 2009 c.11 §51; 2014 c.116 §11; 2016 c.117 §66; 2018 c.75 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.631 - Noncompetition agreements voidable by home care worker and personal support worker.

Notwithstanding ORS 653.295, a noncompetition agreement as defined in ORS 653.295 made in the context of an employment relationship or contract with a home care worker or personal support worker, as defined in ORS 410.600, is voidable by the home care worker or personal support worker and may not be enforced by a court of this state. [2017 c.360 §1; 2018 c.75 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.632 - Certain covenants between employer and home care worker or personal support worker voidable by worker.

A covenant between an employee and an employer not to solicit employees of the employer or solicit or transact business with customers of the employer made in the context of an employment relationship or contract with a home care worker or personal support worker, as defined in ORS 410.600, is voidable by the home care worker or personal support worker and may not be enforced by a court of this state. [2017 c.360 §2; 2018 c.75 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.710 - State policy on persons with disabilities.

The Legislative Assembly finds and declares that it is a policy of this state that:
(1) All persons regardless of any disability have the right to live their lives with dignity and to participate in society and all state programs to the fullest extent possible.
(2) There is a need for education of state employees and the public generally about the capacity of persons with disabilities to participate and compete in the mainstream of society.
(3) Stereotypes and negative labels have no place in state laws and words such as "victim," "afflicted," "crippled" and "handicapped" that have connotations of unclean, unworthy, unproductive and begging are judgmental. Wherever possible, words such as these shall be avoided.
(4) The language of state laws shall reflect a positive outlook about persons with disabilities. The worth and uniqueness of each individual citizen is to be emphasized by using words and phrases that emphasize the person first and then identify any disability when relevant. [1989 c.224 §1; 2005 c.411 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.715 - Person suffering brain injury to be considered person with disability.

It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person’s ability to perform activities of daily living shall be considered a person with a disability. [1991 c.402 §1; 2007 c.70 §182]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.720 - Mental health and addiction services for senior citizens and persons with disabilities.

It is the policy of this state to provide mental health and addiction services for all Oregon senior citizens and persons with disabilities through a comprehensive and coordinated statewide network of local mental health services and alcohol and drug abuse education and treatment. These services should involve family and friends and be provided in the least restrictive and most appropriate settings.
(2) The Department of Human Services and the Oregon Health Authority shall facilitate the formation of local community partnerships between the senior, disability, mental health, alcohol and drug abuse and health care communities by supporting the development of program approaches that meet minimum standards adopted by the Oregon Health Authority under ORS 430.357 including, but not limited to:
(a) Mental health and addiction screenings and assessments in long term care settings;
(b) Outreach services to seniors and persons with disabilities in their homes, including gatekeeper programs, neighborhood programs and programs designed for rural communities;
(c) Multilingual and multicultural medical and psychiatric services for ethnic minorities with physical disabilities and hearing impairments;
(d) Education and training for health care consumers, health care professionals and mental health and addiction services providers on mental health and addiction issues, programs and services for seniors and persons with disabilities; and
(e) Education and consultation services for primary care physicians and naturopathic physicians treating seniors and persons with disabilities.
(3) In carrying out the provisions of subsections (1) and (2) of this section, the department and the authority shall:
(a) Develop plans for service coordination within the department and the authority;
(b) Recommend budget provisions for the delivery of needed services offered by the department and the authority; and
(c) Develop plans for expanding mental health and addiction services for seniors and persons with disabilities to meet the increasing demand. [1991 c.775 §2; 2001 c.104 §143; 2001 c.900 §85; 2005 c.691 §6; 2011 c.673 §12; 2011 c.720 §89; 2017 c.356 §32]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.740 - Oregon Deaf and Hard-of-Hearing Services Program; advisory committee.

(1) The Oregon Deaf and Hard-of-Hearing Services Program is created in the Department of Human Services. The purpose of the program is to assist members of the public and state agencies in making agency programs available and accessible to individuals who are deaf or hard of hearing.
(2) The program may also provide the following:
(a) Identification and publicity of the needs and concerns of individuals who are deaf or hard of hearing as their needs and concerns relate to the full achievement of economic, social, legal and political equity.
(b) Advice to the Department of Human Services, the Governor, the Legislative Assembly and appropriate state agency administrators on how state services for individuals who are deaf or hard of hearing might be improved or better coordinated to meet the needs of these individuals.
(c) Information to individuals who are deaf or hard of hearing about where they may obtain assistance in rehabilitation and employment and about laws prohibiting discrimination in employment as a result of disability.
(d) Cooperation with and assistance to interest groups in rehabilitation and employment of individuals who are deaf or hard of hearing and encouragement of public and private employers to undertake affirmative action to ensure equitable employment of individuals who are deaf or hard of hearing.
(e) Promotion of a continuous program of information and education to employers and the general public to increase awareness of and sensitivity to the needs of individuals who are deaf or hard of hearing for equitable education and training that will ensure for these individuals their full vocational potential.
(f) Promotion of a continuous information program for placement of individuals who are deaf or hard of hearing in suitable employment.
(3)(a) The Director of Human Services shall appoint an advisory committee to advise the director regarding the program. The director shall consult with the advisory committee regarding the services described in this section.
(b) The director shall appoint to the advisory committee 12 individuals who have experience in issues that affect individuals who are deaf or hard of hearing. [2005 c.663 §11; 2007 c.70 §185]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.750 - Department of Human Services to provide services to individuals with brain injuries; Brain Injury Advisory Committee.

(1) As used in this section, "brain injury" means damage to the brain from an internal or external source that results in total or partial impairment in critical functions, including but not limited to attention, memory, reasoning, problem solving, processing speed, decision-making, learning, perception, sensing, speech and language, motor and physical function or psychosocial behavior, and that is of sufficient severity to produce partial or total disability.
(2)(a) The Department of Human Services shall provide the following services to individuals with brain injuries, delivered in a person-centered manner and in collaboration with the individual:
(A) Service coordination;
(B) Resource navigation;
(C) Advocacy; and
(D) Options counseling.
(b) Services provided under this subsection may not include institutionalization, hospitalization or medication.
(3) The department is authorized, but not required, to contract with or provide grants to third parties to provide services described in subsection (2) of this section.
(4)(a) The department shall convene a Brain Injury Advisory Committee to advise the department in the development of brain injury programs, services described in subsection (2) of this section and other activities that the department may develop to address the needs of individuals with brain injuries.
(b) The membership of the advisory committee must consist of between six and 12 individuals with knowledge and experience in brain injuries and be broadly representative of the geographic areas of this state. At least one-third of the members must have experienced a brain injury.
(c) Members of the advisory committee are entitled to compensation and actual and necessary travel or other expenses incurred in the performance of their official duties as specified for qualified members of boards or commissions in ORS 292.495. [2023 c.573 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.751 - Reports to Legislative Assembly.

During each odd-numbered year regular session of the Legislative Assembly, the Department of Human Services shall report to the Joint Committee on Ways and Means and the committees of the Legislative Assembly related to health or human services, in the manner provided in ORS 192.245, on the:
(1) Types of services provided under ORS 410.750;
(2) Number of individuals with brain injuries who received services described in ORS 410.750 (2);
(3) Barriers faced by individuals with brain injuries in accessing needed services; and
(4) Needs of individuals with brain injuries that are not being met by any known provider or other entity in this state. [2023 c.573 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.851 - Policy on patient-based reimbursement system for long term care facilities; rules.

(1) The Legislative Assembly finds and declares that patients admitted to and cared for by long term care facilities in Oregon are more impaired than in the past. In keeping with the traditional commitment of the State of Oregon to the care and protection of its citizens who are frail or elderly or who have disabilities, as expressed in ORS 410.010, the Legislative Assembly declares that a patient-based reimbursement system emphasizing quality incentives is appropriate for long term care facilities. Such a system would reward long term care facilities for outcomes, such as maintaining or improving a patient’s condition, and meet the legitimate costs of caring for patients.
(2) As used in this section, "patient-based reimbursement" means reimbursement for direct patient care according to the needs of the patient, based on multiple levels of patient health, functioning and impairment.
(3) A patient-based reimbursement system does not require the Department of Human Services to assess each patient and reimburse long term care facilities according to the constantly changing conditions of the patients except for changes between skilled and intermediate levels of care which shall result in prompt readjustment of rates.
(4) The department shall establish by rule definitions of levels of care and the payment rates for the patient-based reimbursement system. The rates shall be designed to maintain and enhance access to community-based care services.
(5) Notwithstanding ORS 410.555, the department, in cooperation with representatives of community-based care providers, shall implement policies that offer incentives to providers for entering into Medicaid contracts with the department and that enable a patient, to the greatest extent possible, to remain in the residential setting offering the scope of services that best meets the patient’s needs. [1987 c.523 §2 (enacted in lieu of 410.850); 2007 c.70 §186; 2008 c.18 §11; 2011 c.201 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 410 - Senior and Disability Services › Section 410.890 - Civil penalty.

Violation of ORS 410.520 shall be subject to a civil penalty not to exceed $5,000, imposed in the manner provided in ORS 441.705 to 441.745. [1989 c.912 §9; 1991 c.67 §105]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.010 - Definitions.

As used in this chapter and in other statutes providing for assistance and services to needy persons, unless the context or a specially applicable statutory definition requires otherwise:
(1) "General assistance" means assistance or service of any character provided to needy persons not otherwise provided for to the extent of such need and the availability of funds, including medical, surgical and hospital or other remedial care.
(2) "Public assistance" means the following types of assistance:
(a) Temporary assistance for needy families granted under ORS 412.001 to 412.069;
(b) General assistance granted under ORS 411.710 to 411.730 or 411.752;
(c) Assistance provided by the Oregon Supplemental Income Program;
(d) General assistance other than general assistance granted under ORS 411.710 to 411.730 or 411.752; and
(e) Any other functions, except the administration of medical assistance by the Oregon Health Authority, that may be delegated to the Director of Human Services by or in accordance with federal and state laws. [Amended by 1961 c.620 §1; 1963 c.599 §1; 1965 c.556 §15; 1969 c.597 §228; 1971 c.779 §7; 1973 c.464 §1; 1997 c.581 §4; 2005 c.381 §4; 2011 c.720 §90; 2013 c.688 §32; 2015 c.70 §5; 2016 c.93 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.060 - Rules.

Subject to ORS 417.300 and 417.305, the Department of Human Services shall adopt and enforce rules necessary to ensure full compliance with federal and state laws relating to public assistance programs and functions administered by the department. [Amended by 1969 c.597 §229; 1971 c.319 §8; subsection (2) enacted as 1971 c.779 §72; 1977 c.267 §17; 1989 c.834 §15; 2003 c.14 §178; 2005 c.381 §5; 2011 c.720 §91]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.070 - Statewide standards for public assistance; rules.

(1) The Department of Human Services shall adopt by rule statewide uniform standards for all public assistance programs and shall effect uniform observance of the rules throughout the state.
(2) In establishing uniform statewide standards for public assistance, the department, within the limits of available funds, shall:
(a) Take into consideration all basic requirements for a standard of living compatible with decency and health, including food, shelter, clothing, fuel, public utilities, telecommunications service, medical care and other essential items and, upon the basis of investigations of the facts, shall provide budgetary guides for determining minimum costs of meeting such requirements.
(b) Develop standards for making payments and providing support services in the job opportunity and basic skills program described in ORS 412.009. [Amended by 1955 c.613 §1; 1969 c.597 §229a; 1971 c.779 §8; 1987 c.447 §129; 1991 c.122 §9; 1993 c.18 §99; 1999 c.1093 §15; 2001 c.900 §219; 2003 c.567 §3; 2007 c.861 §13; 2011 c.720 §92; 2013 c.688 §34; 2019 c.602 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.072 - Public process required if waiver of federal requirement involves policy change.

(1) As used in this section "policy change" includes any change in the operation of public assistance programs that affects recipients adversely in any substantial manner, including but not limited to the denial, reduction, modification or delay of benefits. "Policy change" does not include any procedural change that affects internal management but does not adversely and substantially affect the interest of public assistance recipients.
(2) The Department of Human Services may submit applications for waiver of federal statutory or regulatory requirements to the federal government or any agency thereof. Prior to the submission of any application for waiver that involves a policy change, and prior to implementation, the department shall do the following:
(a) Conduct a public process regarding the waiver application or application for waiver renewals;
(b) Prepare a complete summary of the testimony and written comments received during the public process;
(c) Submit the application for waiver or application for waiver renewals involving a policy change to the legislative review agency, as described in ORS 291.375, and present the summary of testimony and comments described in this section; and
(d) Give notice of the date of its appearance before the Emergency Board, the Joint Interim Committee on Ways and Means or the Joint Committee on Ways and Means in accordance with ORS 183.335, and before the Family Services Review Commission. [Formerly 411.595; 2011 c.720 §93; 2012 c.107 §13]
Note:
411.072 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. 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 411.075 - Family Services Review Commission; appointment; duties.

(1) There is established the Family Services Review Commission consisting of no more than 16 members. The members shall be appointed by the Governor for a term of four years. In making the appointments, the Governor shall consider individuals who are or have participated in programs administered by the Department of Human Services and individuals who represent diverse geographic areas, cultural and ethnic perspectives and professional experiences. The Governor may appoint members who are employees of the department but such members may not compose more than 25 percent of the membership of the commission or hold a leadership position in the commission.
(2) Members of the commission who are not public employees shall receive compensation and expenses as provided in ORS 292.495.
(3) The commission shall advise and consult with the Director of Human Services on all matters affecting the quality of the experience of and the equitable attainment of successful outcomes for families and individuals seeking stability and self-sufficiency through participation in the department’s programs.
(4) The commission shall, through its chairperson, have access to information that is reasonably necessary to carry out the commission’s advisory and consultative functions. [Formerly 411.125; 2015 c.765 §8]
Note:
411.075 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. 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 411.081 - Public assistance application required; declaration of eligibility; report on change in circumstance; recovery of assistance from SSI award.

(1) A person seeking public assistance shall file an application for public assistance with the Department of Human Services. At the time of application, the applicant shall declare to the department any circumstance that directly affects the applicant’s eligibility to receive assistance or the amount of assistance available to the applicant. Upon the receipt of property or income or upon any other change in circumstances that directly affects the eligibility of the recipient to receive assistance or the amount of assistance available to the recipient, the applicant, recipient or other person in the assistance household shall immediately notify the department of the receipt or possession of such property or income, or other change in circumstances. The department shall recover from the recipient the amount of assistance improperly disbursed by reason of failure to comply with the provision of this section.
(2) The department may recover any cash assistance granted for general assistance under ORS 411.710 to 411.730 and 411.752, and the recipient’s portion of the aid described in ORS 412.014 (3), that has been paid to any recipient 18 years of age or older when the recipient is presently receiving or subsequently receives Supplemental Security Income. The amount of recovery shall be limited to the total amount of Supplemental Security Income that was received for the same time period that the general assistance or the aid received under ORS 412.014 was being paid.
(3) Nothing in subsection (1) or (2) of this section shall be construed as to prevent the department from entering into a compromise agreement for recovery of assistance improperly disbursed, if the department determines that the administration and collection costs involved would exceed the amount that can reasonably be expected to be recovered. [Formerly 411.105; 2011 c.46 §2; 2011 c.720 §95; 2013 c.688 §35; 2016 c.93 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.083 - Income and resources that may be disregarded in determining eligibility for public assistance and medical assistance; rules; presentation of fiscal analysis to Emergency Board.

(1) The Department of Human Services, in consultation with the Oregon Health Authority, may prescribe by rule that income and resources may be disregarded in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414, if required by federal law or rules adopted pursuant thereto or if authorized by the Legislative Assembly, including any increase in the amount of assistance that is authorized by section 4, Public Law 93-233 (87 Stat. 953) and which is also being paid on March 5, 1974.
(2) The department, in consultation with the authority, shall prescribe by rule that in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414:
(a) Any increase in the amount of assistance provided under Title XVI of the Social Security Act to meet changes in the cost of living that is an increase over that amount being paid on January 1, 1977, pursuant to an Act of Congress and which will first be paid after January 1, 1977, shall be disregarded.
(b) Up to $10,000 equity value of any licensed and unlicensed vehicles owned by the applicant or recipient is exempt from consideration as a resource.
(3) The department shall implement subsection (2)(b) of this section statewide to the extent possible that is consistent with federal regulation to maintain state eligibility for federal participation in public assistance programs. In the event the department determines that this policy has a net fiscal cost to the state, the department shall present the fiscal analysis to the Emergency Board for additional funding or direction to modify or suspend the policy. [Formerly 411.700; 2011 c.720 §96; 2015 c.348 §23]
Note:
411.083 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. 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 411.085 - Reconsideration of grants of public assistance.

(1) The Department of Human Services may reconsider a grant of general assistance or a grant of public assistance only for the following purposes:
(a) To correct an inadvertent clerical or mathematical error made when determining a grant of general assistance or a grant of public assistance;
(b) To correct misinformation provided to an applicant or recipient by the department;
(c) To consider facts not previously known to the department;
(d) To correct errors caused by a misapplication of the law by the department;
(e) To consider substantive changes in the applicable law; or
(f) To consider a change in circumstances that directly affects the eligibility of a recipient of general assistance or public assistance.
(2) A recipient of general assistance or public assistance may request reconsideration of a grant of general assistance or a grant of public assistance for the purposes described in subsection (1) of this section.
(3) If the department reduces, suspends or terminates a grant of general assistance or a grant of public assistance after reconsideration under subsection (1) of this section, the department shall provide an opportunity for a hearing under ORS chapter 183.
(4) Notwithstanding subsection (1) of this section, the department may conduct periodic redeterminations of eligibility of recipients of grants of general assistance or grants of public assistance and participate in audits and other review activities as required by state or federal law. [Formerly 411.111]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.089 - Receipts for documents supplied by applicants for and recipients of public assistance or medical assistance.

The Department of Human Services shall provide written receipts to applicants and recipients for all documents delivered to a local office by the applicant or recipient upon the request of the applicant or recipient. [Formerly 411.972]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.091 - Time for issuance of public assistance; effect of delay.

(1) For all recipients who are on the monthly reporting system, the Department of Human Services has 10 calendar days from the date the department receives a complete monthly report to credit the recipient’s electronic benefits transfer card for that month.
(2) If the department fails to credit the recipient’s electronic benefits transfer card in a timely manner pursuant to this section, the recipient may request that the recipient’s electronic benefits transfer card be immediately credited for the amount of assistance due to the recipient. The department shall pay the recipient a sum equal to one-tenth of the household’s monthly assistance grant if the department fails to credit the recipient’s electronic benefits transfer card:
(a) For a request made prior to noon on a business day, by the end of the day.
(b) For a request made after noon on a business day, by noon of the next business day.
(3) The payment of the sum described in subsection (2) of this section shall be treated as a resource and not counted as income by the department. [Formerly 411.975; 2015 c.70 §6]
Note:
See note under 411.089.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.093 - Treatment of public assistance applicants and recipients; grievance procedure.

(1) All applicants for and recipients of public assistance shall be treated in a courteous, fair and dignified manner by Department of Human Services personnel.
(2) Any applicant or recipient who alleges discourteous, unfair or undignified treatment by department personnel or alleges that incorrect or inadequate information regarding public assistance programs has been provided by department personnel may file a grievance with the department. The department shall publicize the grievance system in each local office.
(3) The grievance shall be discussed first with the supervisor of the employee against whom the grievance is filed. If the grievance is not resolved, the applicant or recipient may discuss the grievance with the local office manager.
(4) The department shall compile a monthly report summarizing each grievance filed against department personnel and the action taken. The report shall identify each grievance by local office and indicate the number of grievances filed against individual employees. The report shall protect the anonymity of department personnel. The report shall be presented to the Family Services Review Commission and to all county public welfare boards. [Formerly 411.977]
Note:
See note under 411.089.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.097 - Content of notices of termination of public assistance.

When the Department of Human Services terminates a grant of public assistance due to the ineligibility of a recipient or the termination of a public assistance program, the department shall include in the notice of termination a statement indicating that if circumstances affecting the eligibility of the recipient change, the recipient may contact the department and reapply for public assistance. [2005 c.692 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.099 - Assessment for service eligibility.

(1) As used in this section:
(a) "Activities of daily living" has the meaning given that term in ORS 410.600.
(b) "Assessment for service eligibility" means a process of evaluating the functional impairment levels of an individual and an individual’s requirements for assistance in performing activities of daily living.
(2)(a) No fewer than 14 days prior to conducting a reassessment for service eligibility, the Department of Human Services shall mail a notice of the assessment process to the individual to be assessed. The notice shall include a description and explanation of the assessment process, an explanation of the process for appealing the results of the assessment and a description of the rights described in paragraph (b) of this subsection.
(b) The individual being assessed has the right to set the date, time and place of the assessment at a location that is convenient for the individual and to invite other persons to participate in the assessment.
(3) If the assessment for service eligibility results in a reduction or termination of services, the individual is entitled to an expedited hearing under ORS 411.095 (4). [2005 c.414 §2]
Note:
411.099 and 411.101 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 411.101 - Service eligibility notification procedures and standards for communications; rules.

No later than July 1, 2006, the Department of Human Services shall adopt rules establishing notification procedures regarding reassessments for service eligibility and standards for communications between an individual being assessed, and caregivers and family of the individual being assessed, and the case managers who are responsible for implementing the notification procedures. [2005 c.414 §4]
Note:
See note under 411.099.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.103 - Notice by regular or electronic mail to recipient of public assistance or medical assistance; final order by default.

(1) The Department of Human Services may serve a notice described in ORS 183.415 by regular mail or, if requested by the recipient of the notice, by electronic mail. The legal presumption described in ORS 40.135 (1)(q) does not apply to a notice that is served by regular mail under this section.
(2) Except as provided in subsection (3) of this section, a contested case notice served in accordance with subsection (1) of this section that complies with ORS 183.415 but for service by regular or electronic mail becomes a final order against a party and is not subject to ORS 183.470 (2), upon the earlier of the following:
(a) If the party fails to request a hearing, the day after the date prescribed in the notice as the deadline for requesting a hearing.
(b) The date the department or the Office of Administrative Hearings mails an order dismissing a hearing request because:
(A) The party withdraws the request for hearing; or
(B) Neither the party nor the party’s representative appears on the date and at the time set for hearing.
(3) The department shall prescribe by rule a period of not less than 60 days after a notice becomes a final order under subsection (2) of this section within which a party may request a hearing under this subsection. If a party requests a hearing within the period prescribed under this subsection, the department shall do one of the following:
(a) If the department finds that the party did not receive the written notice and did not have actual knowledge of the notice, refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding on the merits of the department’s intended action described in the notice.
(b) Refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding to determine whether the party received the written notice or had actual knowledge of the notice. The department must show that the party had actual knowledge of the notice or that the department mailed the notice to the party’s correct address or sent an electronic notice to the party’s correct electronic mail address.
(4) If a party informs the department that the party did not receive a notice served by regular or electronic mail in accordance with subsection (1) of this section, the department shall advise the party of the right to request a hearing under subsection (3) of this section. [2009 c.126 §1; 2011 c.720 §98]
Note:
411.103 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 411.105

[1969 c.68 §3; 1975 c.178 §1; 1977 c.194 §1; 2005 c.381 §6; 2007 c.861 §9; renumbered 411.081 in 2009]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 411 - Public Assistance and Medical Assistance › Section 411.116 - Department contracts and intergovernmental agreements for providing social services to individuals; rules.

In addition to its other powers, the Department of Human Services may adopt rules and enter into contracts and intergovernmental agreements, subject to availability of funds therefor and consistent with federal and state law and regulations, for the purpose of providing social services, including protection, job preparation and support services, reduction of unintended pregnancy and provision of information and referrals for community, medical and social resources, to those individuals in need of, or who request such services. [1975 c.180 §2 (enacted in lieu of 411.115); 1997 c.581 §5]