reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.049 - Powers and duties of department; rules.

The Department of Human Services shall:
(1) Supervise the administration of the temporary assistance for needy families program under ORS 412.001 to 412.155.
(2) Make such rules and regulations and take such action as may be necessary or desirable for carrying out ORS 412.001 to 412.155.
(3) Prescribe the form of and print and supply such forms as it deems necessary and advisable.
(4) Cooperate with the federal government in matters of mutual concern pertaining to temporary assistance for needy families, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such aid.
(5) Accept and disburse any and all federal funds made available to the State of Oregon for temporary assistance for needy families purposes. [Formerly 418.100; 2015 c.765 §16]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.054 - Application for aid.

Application for aid under ORS 412.001 to 412.069 shall be made to the Department of Human Services by the relative with whom the child lives. The application shall be in the manner and upon the form prescribed by the department. [Formerly 418.110; 2015 c.70 §9; 2015 c.765 §17]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.059 - Investigation of eligibility of child; rules.

Whenever the Department of Human Services receives a notification of the dependency of a child or an application for aid, a record shall promptly be made of the circumstances, relating the facts supporting the application and such other information as may be required by the rules and regulations of the department. [Formerly 418.115]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.064 - Authority to determine eligibility.

The Department of Human Services shall decide whether the child is eligible for aid under ORS 412.001 to 412.069 and determine the date on which the aid granted shall begin. [Formerly 418.120; 2015 c.70 §10; 2015 c.765 §18]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.069 - Appeal from denial of or failure to act on application or from modification or cancellation of aid.

If an application is not acted upon within a reasonable time after the filing of the application or is denied in whole or in part, or if any grant of aid is modified or canceled, the applicant or recipient may petition the Department of Human Services for review in the county which the applicant or recipient elects as provided by ORS chapter 183. [Formerly 418.125]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.072 - Requirements when victims of domestic violence apply for or receive TANF; confidentiality.

(1) The Department of Human Services shall:
(a) Identify applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence.
(b) Ensure that appropriate individuals on the local level who provide assistance to domestic violence victims participate in individualized case management with the department.
(c) Refer individuals identified under this subsection to appropriate counseling and support services.
(d) Waive or modify any temporary assistance for needy families program requirements that may make it more difficult for individuals identified under this subsection to escape domestic violence or place those individuals at risk of further or future domestic violence, including but not limited to:
(A) Time limits on receipt of benefits;
(B) Work requirements;
(C) Paternity establishment and child support cooperation requirements;
(D) Residency requirements;
(E) Family cap provisions; and
(F) Penalties for failure to comply with a program requirement.
(e) Maintain emergency assistance eligibility and payment limits for victims of domestic violence or persons at risk of victimization by domestic violence identified under this section at no less than the levels in effect on January 1, 1997.
(f) Allow eligibility for temporary assistance for needy families for persons identified under this section as victims of domestic violence or persons identified as at risk of victimization by domestic violence who would otherwise be eligible except for the fact that they are noncitizens.
(2) All information received by the department in identifying the individuals described in subsection (1) of this section shall remain confidential.
(3) For purposes of this section, "domestic violence" means the occurrence of one or more of the following acts between family members, intimate partners or household members:
(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury or emotional, mental or verbal abuse;
(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury;
(c) Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427; or
(d) Using coercive or controlling behavior.
(4) 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. [Formerly 411.117]
Note:
412.072 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 412 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 412 - Temporary Assistance for Needy Families › Section 412.074 - Use and custody of records of temporary assistance for needy families program; rules.

(1) Except as otherwise provided in this section and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties.
(2) Nothing in this section prohibits the disclosure and use of information about applicants and recipients as is necessary to carry out the child support enforcement laws of this state and of the United States.
(3) Nothing in this section prohibits the disclosure of the address of any applicant or recipient to a law enforcement official at the request of such official. To receive information pursuant to this section, the official 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 official to conduct the official duties of the official and the location or apprehension of the applicant or recipient is within such official duties.
(4) 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. [Formerly 418.130; 2023 c.271 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.079 - Time limits; exceptions; rules.

(1) Except as provided in subsections (2) and (3) of this section, a needy caretaker relative may not receive aid under ORS 412.006 if the needy caretaker relative has received aid under the temporary assistance for needy families program in this state or any other state for more than a total of 60 months.
(2) The Department of Human Services may not count toward the 60-month limit on receipt of aid described in subsection (1) of this section any month in which a needy caretaker relative:
(a) Receives a grant of temporary assistance for needy families under ORS 412.001 to 412.069, or assistance funded under Title IV-A of the Social Security Act in this or another state, prior to July 1, 2003;
(b) Resides in an area described in 18 U.S.C. 1151, and 50 percent or more of the adult residents in the area are unemployed;
(c) Is, in that month, a minor child and neither the head of the household nor married to the head of the household; or
(d) Receives aid under ORS 411.878, 412.014 or 412.124.
(3) Notwithstanding subsection (1) of this section, a needy caretaker relative may receive aid for more than 60 months if the needy caretaker relative:
(a) Is enrolled at an educational institution under ORS 412.016;
(b) Is exempt from time limits pursuant to rules adopted by the department in accordance with section 408(a)(7)(C) of the Social Security Act; or
(c) Is unable to obtain or maintain employment that provides earnings in excess of income limits established by the department under ORS 412.007 because the needy caretaker relative:
(A) Is a victim of domestic violence as defined in ORS 412.072;
(B) Has a certified learning disability;
(C) Has a mental health condition or an alcohol or drug abuse problem;
(D) Has a disability as defined by the department by rule in a manner consistent with the definition of disability in the Americans with Disabilities Act;
(E) Has a child with a disability;
(F) Is deprived of needed medical care;
(G) Is subjected to battery or extreme cruelty as defined by the department by rule; or
(H) Qualifies as having a hardship as defined by the department by rule.
(4)(a) The Department of Human Services shall monitor the average period of time a family receives aid and shall record such information by family demographics. The department shall monitor the wages and benefits received by an individual who becomes employed while receiving aid, including child care benefits. The department shall monitor and record the rate at which families who cease receiving aid for employment subsequently apply for and receive aid.
(b) The department shall report the results of the monitoring required under paragraph (a) of this subsection to the Legislative Assembly not later than the 15th day of each odd-numbered year regular session. [Formerly 418.131; 2009 c.11 §56; 2011 c.9 §54; 2011 c.545 §47; 2012 c.107 §80; 2015 c.765 §19]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.084 - Minor parents’ eligibility to receive assistance and support services.

(1) A person who is a minor parent of a child and is receiving or applying for aid shall reside with the person’s parent, parents or legal guardian. The person may substitute an alternative supervised living arrangement if the Department of Human Services determines that it is unsafe or impractical for the person to reside with the person’s parent, parents or legal guardian. Failure of a minor parent applying for or receiving temporary assistance for needy families to reside with the person’s parent, parents or legal guardian or in an alternative supervised living arrangement shall result in the termination of aid.
(2) The provisions of subsection (1) of this section shall not apply to an applicant for or recipient of temporary assistance for needy families when circumstances or conditions exist that the department by rule establishes are not in the best interest of the child.
(3) If a person who is a minor parent receiving aid and who is not living with the person’s parent, parents or legal guardian subsequently returns to reside with the parent, parents or guardian and is determined ineligible to receive aid by reason of the parent’s or guardian’s income, the minor parent shall be eligible to receive such services, including medical care, as the department determines are necessary to allow the minor parent to attain a high school diploma or the equivalent, or to participate in the job opportunity and basic skills program as described in ORS 412.009. [Formerly 418.132; 2019 c.602 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.089 - Referral to mental health or drug abuse professional; provision of resources; staff training.

(1) The Department of Human Services shall refer a person applying for or receiving temporary assistance for needy families to an evaluation by a mental health or drug abuse professional if the department reasonably believes such referral is necessary. The Department of Human Services shall develop guidelines to assist in the identification and referral of individuals requiring mental health or drug abuse treatment.
(2) If an evaluation conducted under subsection (1) of this section determines that mental health or drug abuse treatment is necessary for the person to function successfully in the workplace, the department shall provide such resources as are necessary and available for the person to participate in and successfully complete treatment.
(3) A person who refuses to participate in an evaluation under subsection (1) of this section or treatment under subsection (2) of this section shall be subject to the provisions of ORS 412.009 (3) and (4).
(4) The department shall provide training to staff who work directly with persons applying for or receiving temporary assistance for needy families in assessment and evaluation of mental health disorders, addictions and domestic violence as may be necessary to implement the provisions of subsection (1) of this section. [Formerly 418.134; 2015 c.765 §20]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.094 - Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases; use of information restricted.

(1) All state, county and city agencies, officers and employees shall cooperate in the location of parents who have abandoned or deserted, or are failing to support, children receiving or applying to receive public assistance and shall on request supply the Department of Human Services, the Division of Child Support of the Department of Justice or the district attorney of any county in the state with all information on hand relative to the location, income and property of such parents, including information disclosed to the Division of Child Support under ORS 314.840 (2)(k). The granting of aid to the applicant shall not be delayed or contingent upon receipt of the answer to such requests by the Department of Human Services, the Division of Child Support or the district attorney. The Department of Human Services shall use such information only for the purposes of administration of public assistance to such children, and the district attorney and the Division of Child Support shall use such information only for the purpose of enforcing the liability of such parents to support such children, and neither shall use the information or disclose it for any other purpose. Any person who violates this prohibition against disclosure, upon conviction, is punishable as provided in ORS 314.991 (2).
(2) The Department of Human Services shall cooperate with the Division of Child Support or the district attorney prosecuting or considering the prosecution of such parent for nonsupport and shall report to the Division of Child Support or the district attorney all information contained in the case record which concerns the question of nonsupport and the suitability of prosecution as a method of obtaining support for the child in each case. [Formerly 418.135; 2013 c.36 §72]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.109 - Policy on absent parent.

(1) The Legislative Assembly declares that the policy of this state is that, to the extent consistent with federal law, the temporary assistance for needy families program policy and practice shall recognize that an absent parent is often an important influence in the life of a child.
(2) Program policy and practice:
(a) Shall recognize that regular, frequent visits with absent parents are often in the best interests of needy children;
(b) Shall not interfere with the continuing relationship of absent parents with their children, whether the parents are temporarily or permanently out of the homes of their children; and
(c) Shall not restrict parents in adopting plans that they consider to be in the best interests of their children. [Formerly 418.147]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.124 - Post-TANF aid to employed families; rules.

(1) As used in this section, "aid" means:
(a) Cash payments to a family; and
(b) Support service payments and services through the job opportunity and basic skills program necessary to maintain employment to assist the family, directly or indirectly, in achieving long term stability.
(2) The Department of Human Services may provide aid for up to 12 months to a family if:
(a) The family is residing in this state;
(b) The family becomes ineligible for aid under the temporary assistance for needy families program due to employment or increased hours of work; and
(c) The caretaker relative is employed.
(3) The department shall adopt by rule standards for the aid provided under this section. The department may disregard the aid in determining eligibility for publicly subsidized child care assistance. [Formerly 418.155; 2015 c.765 §§6,7; 2019 c.602 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.139 - Duties of department relating to federal law.

The Department of Human Services shall have the responsibility and authority to provide such services as are necessary to maintain the intent of and compliance with federal requirements for the program described in ORS 412.124. [Formerly 418.160]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.144 - Duties of department relating to other agencies.

The Department of Human Services shall have the responsibility and authority to provide such services and engage in such cooperative and coordinated efforts with the Employment Department and other appropriate agencies as are necessary to maintain the intent of and compliance with federal requirements for the program described in ORS 412.124. [Formerly 418.163]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.151 - Statewide electronic benefits transfer system; replacement cards to display name.

(1) The Department of Human Services shall provide temporary assistance for needy families and supplemental nutrition assistance to eligible individuals through an electronic benefits transfer system that uses an electronic benefits transfer card. Any time the department issues an electronic benefits transfer card to replace a card that was reported lost or stolen, the replacement card must display the name of the individual to whom the card is issued.
(2) The department shall seek all state and federal approvals necessary for implementation of an electronic benefits transfer system as described in subsection (1) of this section.
(3) This section does not apply to Supplemental Nutrition Assistance Program benefits issued to a senior citizen under a demonstration project approved by the Food and Nutrition Service of the United States Department of Agriculture or to benefits received by a recipient of federal Supplemental Security Income in the form of a check in lieu of an electronic benefits transfer card. [Formerly 418.047; 2009 c.599 §20; 2015 c.710 §1]
Note:
412.151 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 412 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 412 - Temporary Assistance for Needy Families › Section 412.155 - Additional monthly payments of elderly rental assistance.

The Department of Human Services shall include in the payment made under ORS 412.001 to 412.155 and 418.647 a monthly amount to be designated elderly rental assistance. The amount shall be determined by the department, subject to the total amount appropriated for that purpose by the Legislative Assembly. [Formerly 418.172]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.161 - Policy on two-parent families.

The Legislative Assembly finds:
(1) That the provision of public assistance to children in very low income families would help keep families together and reduce hardship in times of high unemployment;
(2) That the lack of public assistance to two-parent unemployed families does not produce significant financial savings for the State of Oregon since family break-up increases the number of single-parent families receiving public assistance;
(3) That children in two-parent unemployed families have needs as urgent as those of children in single-parent unemployed families;
(4) That the provision of public assistance to two-parent unemployed families may provide access to medical care for these families, health being one of the prerequisites to seeking and maintaining employment;
(5) That because federal law requires active participation in employment and other alternatives to be eligible for federal funds for public assistance, the availability of federal funds helps those families who are trying hardest to help themselves be self-supporting; and
(6) That additional funds need to be made available in the temporary assistance for needy families program to effectuate this policy. [Formerly 418.180; 2015 c.765 §21]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 412 - Temporary Assistance for Needy Families › Section 412.600

[Amended by 1971 c.335 §1; 1975 c.386 §2; 1985 c.522 §2; 1993 c.249 §3; 1995 c.664 §92; 2001 c.900 §221; 2005 c.22 §282; 2005 c.381 §12; renumbered 411.708 in 2005]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.006 - Establishment of Oregon Health Policy Board.

(1) There is established the Oregon Health Policy Board, consisting of nine members appointed by the Governor.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) The appointment of the board is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) Members of the board are entitled to reimbursement of per diem and travel expenses for their attendance at board meetings and subcommittee meetings as provided in ORS 292.495. [2009 c.595 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.007 - Composition of board.

(1) The Oregon Health Policy Board consists of individuals who:
(a) Are United States citizens and residents of this state;
(b) Have demonstrated leadership skills in their professional and civic lives;
(c) To the greatest extent practicable, represent the various geographic, ethnic, gender, racial and economic diversity of this state; and
(d) Collectively offer expertise, knowledge and experience in consumer advocacy, management of a company that offers health insurance to its employees, public health, finance, organized labor, health care and the operation of a small business.
(2) No more than four members of the board may be individuals:
(a) Whose household incomes, during the individuals’ tenure on the board or during the 12-month period prior to the individuals’ appointment to the board, come from health care or from a health care related field; or
(b) Who receive health care benefits from a publicly funded state health benefit plan.
(3) No more than four members of the board may be, during the individuals’ tenure on the board or during the 12-month period prior to the individuals’ appointment to the board, employed in a health care or health care related field.
(4) At least one member of the board shall have an active license to provide health care in Oregon and shall be appointed to serve in addition to the members offering the expertise, knowledge and experience described in subsection (1)(d) of this section. [2009 c.595 §4]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.008 - Chairperson; quorum; meetings.

(1) The Governor shall select from the membership of the Oregon Health Policy Board the chairperson and vice chairperson.
(2) A majority of the members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at least once every month and shall meet at least once every two years in each congressional district in this state, at a place, day and hour determined by the board. The board may also meet at other times and places specified by the call of the chairperson or a majority of the members of the board, or as specified in bylaws adopted by the board. [2009 c.595 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.016 - Authority of board to establish advisory and technical committees.

(1) The Oregon Health Policy Board may establish such advisory and technical committees as the board considers necessary to aid and advise the board in the performance of the board’s functions. These committees may be continuing or temporary committees. The board shall determine the representation, membership, terms and organization of the committees and shall appoint the members of the committees.
(2) Members of the committees who are not members of the board are not entitled to compensation, but at the discretion of the board may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by them in the performance of their official duties, in the manner and amount provided in ORS 292.495. [2009 c.595 §8]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.033 - Oregon Health Authority director.

(1) The Oregon Health Authority is under the supervision and control of a director, who is responsible for performing the duties, functions and powers of the authority.
(2) The Governor shall appoint the Director of the Oregon Health Authority, who holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate in the manner provided by ORS 171.562 and 171.565.
(3) In addition to the procurement authority granted by ORS 279A.050 (6)(b) and except as provided in ORS 279A.050 (7), the director has all powers necessary to effectively and expeditiously carry out the duties, functions and powers vested in the authority by ORS 413.032.
(4) The director shall have the power to obtain such other services as the director considers necessary or desirable, including participation in organizations of state insurance supervisory officials and appointment of advisory committees. A member of an advisory committee so appointed may not receive compensation for services as a member, but, subject to any other applicable law regulating travel and other expenses of state officers, shall receive actual and necessary travel and other expenses incurred in performing official duties.
(5) The director may apply for, receive and accept grants, gifts or other payments, including property or services from any governmental or other public or private person, and may make arrangement to use the receipts, including for undertaking special studies and other projects that relate to the costs of health care, access to health care, public health and health care reform. [2009 c.595 §11; 2011 c.720 §126a; 2012 c.38 §16; 2015 c.167 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.034 - Oregon Health Authority officers and employees.

Subject to any applicable provisions of ORS chapter 240, the Director of the Oregon Health Authority shall appoint all subordinate officers and employees of the Oregon Health Authority, prescribe their duties and fix their compensation. [2009 c.595 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.036 - Use of abuse and neglect reports for screening subject individuals; rules.

(1) As used in this section:
(a) "Care" means treatment, education, training, instruction, placement services, recreational opportunities, support services or case management, or the supervision of such services, for clients of the Oregon Health Authority.
(b) "Subject individual" means a person who is:
(A) Employed or who seeks to be employed by the authority to provide care;
(B) A volunteer or who seeks to be a volunteer to provide care on behalf of the authority; or
(C) Providing care or who seeks to provide care on behalf of the authority.
(2) The Oregon Health Authority may use abuse and neglect reports, as defined in ORS 409.025, for the purpose of providing protective services or screening subject individuals.
(3) The authority shall adopt rules to carry out the provisions of subsection (2) of this section.
(4) The rules adopted in subsection (3) of this section may include:
(a) Notice and opportunity for due process for an employee of the authority who is found to be unfit; and
(b) Notice and opportunity for hearing in accordance with ORS chapter 183 for a subject individual described in subsection (1)(b)(C) of this section.
(5) Reports used by the authority under this section are confidential and may not be disclosed for any purpose other than in accordance with this section or any other provision of law. [2011 c.720 §50a]
Note:
413.036 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.037 - Administering oaths; depositions; subpoenas.

(1) The Director of the Oregon Health Authority, each deputy director and authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the provisions of ORS 413.006 to 413.042, 415.012 to 415.430, 415.501 and 741.340.
(2) If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the director, deputy director or authorized representative may follow the procedure set out in ORS 183.440 to compel obedience. [2009 c.595 §15; 2013 c.1 §57; 2019 c.478 §55; 2021 c.615 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.038 - Service of notice by regular mail.

(1) The Oregon Health Authority 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 authority 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 authority 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 authority shall do one of the following:
(a) If the authority 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 authority’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 authority must show that the party had actual knowledge of the notice or that the authority 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 authority that the party did not receive a notice served by regular or electronic mail in accordance with subsection (1) of this section, the authority shall advise the party of the right to request a hearing under subsection (3) of this section. [2011 c.720 §50]
Note:
413.038 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.041 - Persons authorized to represent parties in contested cases.

Notwithstanding ORS 8.690, 9.160, 9.320 or 203.145 or ORS chapter 180 or other law, in any contested case proceeding before the Oregon Health Authority, a party that is not a natural person may be represented by an attorney or by any officer or authorized agent or employee of the party. [2011 c.720 §44; 2015 c.7 §10]
Note:
413.041 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.046 - Right to courteous, fair and dignified treatment; grievances.

(1) All applicants for and recipients of medical assistance, as defined in ORS 414.025, shall be treated in a courteous, fair and dignified manner by Oregon Health Authority employees.
(2) Any applicant or recipient who alleges discourteous, unfair or undignified treatment by an authority employee or alleges that an authority employee has provided incorrect or inadequate information regarding medical assistance programs may file a grievance with the authority. The authority shall publicize the grievance system in each office of the authority that is open to the public.
(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 manager of the office.
(4) The authority shall compile a monthly report that summarizes each grievance filed against an authority employee and the action taken. The report shall identify each grievance by office and indicate the number of grievances filed against each authority employee. The report shall protect the anonymity of authority employees. The report shall be provided to the Medicaid Advisory Committee established under ORS 414.211. [2013 c.688 §1]
Note:
413.046 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.071 - Authorization to request federal waivers.

Notwithstanding any other provision of law, federal laws shall govern the administration of federally granted funds. The Director of the Oregon Health Authority may request a waiver of any federal law in order to fully implement provisions of state law using federally granted funds. [2011 c.720 §36]
Note:
413.071 and 413.072 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.072 - 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 medical 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 medical assistance recipients.
(2) The Oregon Health Authority may submit applications for waiver of federal statutory or regulatory requirements to the federal government or any agency of the federal government. Prior to the submission of any application for waiver that involves a policy change, and prior to implementation, the authority shall do the following:
(a) Conduct a public process regarding the application for waiver 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 the authority’s 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 Medicaid Advisory Committee. [2011 c.720 §94; 2012 c.107 §14]
Note:
See note under 413.071.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 413 - Oregon Health Authority › Section 413.083 - Dental director; duties; rules.

(1) The Oregon Health Authority shall appoint a dental director who serves at the pleasure of the authority. The authority may establish by rule additional qualifications for the dental director. The dental director:
(a) Must be a dentist licensed to practice under ORS chapter 679;
(b) Must be in good standing with the Oregon Board of Dentistry or with the dental licensing board of another state if the dental director is not licensed by the board; and
(c) Shall oversee programs operated by the authority that increase access to oral health services, preventative oral health activities and other authority initiatives that address oral health disparities in this state.
(2) The dental director shall:
(a) Provide recommendations and guidance to the authority and other state agencies, individuals and community providers on how to prevent oral diseases and measures to take to improve, promote and protect the oral health of the residents of this state, with a focus on reducing oral health disparities among underserved populations;
(b) Monitor, study and appraise the oral health needs and resources of residents of this state;
(c) Foster the development, expansion and evaluation of oral health services for residents of this state;
(d) Provide information concerning oral health to the dental and health communities and the public;
(e) Develop policies to promote oral health in this state; and
(f) Develop programs, policies and preventive measures to positively impact oral health in this state. [2015 c.395 §1; 2017 c.17 §33]
Note:
413.083 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.084 - State School Nursing Consultant; duties.

The position of State School Nursing Consultant is created in the Oregon Health Authority. The responsibilities of the consultant include, but are not limited to, all of the following:
(1) Coordinating and collaborating with the school nurse specialist within the Department of Education.
(2) Providing school nursing policy and program guidance for the authority, the department and other agencies.
(3) Supporting and leading the integration of coordinated school health teams and providing assistance in sustaining the teams.
(4) Providing technical assistance to school nurses on the delivery of nursing care using evidence-based best practice standards and assisting in the establishment of protocols and standards of care in collaboration with professional associations and state agencies.
(5) Providing leadership in the delivery of nursing services in schools.
(6) Providing clinical consultation and technical support to school nurses and school nursing programs.
(7) Serving as a liaison and expert resource in school nursing and school nursing programs for local, regional, state and national health care providers and policymaking bodies.
(8) Coordinating school nursing program activities with public health, social services, environmental and educational agencies as well as other public and private entities.
(9) Monitoring, interpreting, synthesizing and disseminating information relevant to changes in health care, school nursing practices, laws and regulations and other legal issues that impact schools.
(10) Promoting quality assurance in school nursing programs by initiating and coordinating a quality assurance program that includes needs assessment, data collection and analysis and evidence-based practices.
(11) Representing school nurses in state level partnerships between agencies and between public and private entities, to foster a coordinated school nursing program and other multidisciplinary collaborations. [2015 c.793 §1]
Note:
413.084 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.085 - Cross-delegation by directors of Department of Human Services, Department of Consumer and Business Services and Oregon Health Authority.

The Director of Human Services, the Director of the Department of Consumer and Business Services and the Director of the Oregon Health Authority may delegate to each other by interagency agreement any duties, functions or powers granted to the Department of Human Services, the Department of Consumer and Business Services or the Oregon Health Authority by law, as the directors deem necessary for the efficient and effective operation of the respective functions of the departments and the authority. [2009 c.595 §20; 2011 c.720 §224; 2013 c.14 §10; 2013 c.688 §96; 2015 c.3 §44]
Note:
413.085 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 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 413 - Oregon Health Authority › Section 413.101 - Oregon Health Authority Fund.

(1) The Oregon Health Authority Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Health Authority Fund shall be credited to the fund.
(2) Except as provided in subsection (3) of this section, moneys in the fund are continuously appropriated to the Oregon Health Authority for carrying out the duties, functions and powers of the authority under ORS 413.032, 415.501 and 431A.183.
(3)(a) Moneys deposited in the fund pursuant to ORS 431A.880 are continuously appropriated to the authority for the purpose of carrying out ORS 431A.855 to 431A.900.
(b) The authority may accept grants, donations, gifts or moneys from any source for the purposes of carrying out ORS 431A.855 to 431A.900. Moneys received under this paragraph shall be deposited into the fund and are continuously appropriated for the purposes of carrying out ORS 431A.855 to 431A.900.
(c) Moneys subject to a federal restriction or other funding source restriction must be accounted for separately from other moneys described in this subsection. [Formerly 413.031; 2019 c.456 §10; 2021 c.191 §8; 2021 c.615 §7]