reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 191 - EMERGENCY FOOD ASSISTANCE PROGRAM › Section 461-191-0020 - Client Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) USDA
			 foods shall be made available to low income households. Indication of
			 participation in such programs as the Supplemental Nutrition Assistance
			 program, Temporary Assistance to Needy Families, SSI, State General Assistance,
			 Low-Income Home Energy Assistance and the Oregon Supplemental Income Program
			 shall establish a household's eligibility under the program. No letter or other
			 verifying document is required.
(2) Households may establish their
			 eligibility to participate in the program through a self-declaration of income
			 at or below 185 percent of the federal poverty line.
(3) Eligibility determination is made by
			 specific eligibility screening guidelines and shall be uniform statewide. OHCS
			 does not require any eligibility requirements other than what is required
			 within the federal guidelines for
			 7 CFR
			 251.5. The criteria must be:
(a) Income for households meets the
			 low-income poverty guidelines set forth by the income guidelines for the
			 current year. Eligible households in need of food assistance because of
			 inadequate household income may receive TEFAP USDA foods by signing a statement
			 that declares that their income is at or below 185% of the federal poverty
			 level.
(b) Household must reside
			 in the geographic location served by the distribution site at the time of
			 applying for assistance, but length of residency shall not be used as an
			 eligibility criterion. Households should not be denied service for the reason
			 that they are in transit from one locality to another.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 191 - EMERGENCY FOOD ASSISTANCE PROGRAM › Section 461-191-0030 - Allowable Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OFB and
			 their recipient agencies shall distribute USDA foods under the program to low
			 income households through emergency food box programs, congregate meal sites,
			 temporary shelters, and emergency food pantries.
(2) OFB and their recipient agencies may
			 conduct outreach to under-served areas so that emergency food recipients can
			 obtain needed nutrition education and other support services.
(3) Recipient agencies may publicize the
			 availability of USDA Foods and distribute those USDA foods in their respective
			 service areas in a manner that a maximum number of potential eligible
			 households are reached.
Stat. Auth.: ORS 184 &
				  458.505 -
				  458.515
Stats. Implemented: ORS
				  458.505 -
				  458.515
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 191 - EMERGENCY FOOD ASSISTANCE PROGRAM › Section 461-191-0050 - Fiscal Controls

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OFB and
			 their recipient agencies will use funds made available under the federal
			 guidelines in
			 7 CFR
			 251.8 for direct expenses associated with the
			 distribution of USDA foods and foods secured from other sources to the extent
			 that the foods are ultimately distributed by eligible recipient agencies. OFB
			 will furnish reports as required by OMB Circular A-133 to provide these
			 assurances.
(2) Internal controls
			 including, but not limited to, the use of vouchers and receipts to substantiate
			 all expenditures will be maintained by the OFB and recipient agencies. OHCS
			 will conduct monitoring of expenses and the accounting system on an annual
			 basis.
(3) The OFB shall provide
			 the department with an annual audit of program and fiscal transactions within
			 nine (9) months after the close of the fiscal audit period in accordance with
			 OMB Circular A-133.
(4) Records of
			 program activities and fiscal transactions shall be maintained by the OFB and
			 their recipient agencies for a period of three (3) years from the close of the
			 federal fiscal year to which they pertain. These records shall be made
			 available to federal, state and OFB monitoring staff upon request.
(5) The OFB and their recipient agencies
			 shall insure that proper records are kept at all distribution sites.
(6) Fiscal reports and program reports, audit
			 requirements, as well as storage and distribution costs for the month shall be
			 maintained by the OFB.
(7) Each
			 recipient agency shall provide monthly reports to the OFB in a format
			 prescribed by the OFB and the department.
(8) Allowable administrative cost may be used
			 to pay direct expenses associated with the distribution of USDA foods and foods
			 secured from other sources. Direct expenses include the following:
(a) Intrastate and interstate transport,
			 storing, handling, repackaging, processing, and distribution of foods.
(b) Costs associated with
			 determination of eligibility, verification, and documentation.
(c) Costs of providing information to persons
			 receiving USDA foods concerning the appropriate storage and preparation of such
			 foods.
(d) Costs involved in
			 publishing announcements of times and locations of distribution, and
(e) Costs of recordkeeping, auditing, and
			 other administrative procedures required for program participation.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 191 - EMERGENCY FOOD ASSISTANCE PROGRAM › Section 461-191-0060 - Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 will conduct reviews, audits and other compliance monitoring as it deems
			 appropriate to verify compliance with program requirements. OFB and recipient
			 agencies will cooperate fully with the department in its compliance monitoring.
(2) OFB shall require by contract
			 and monitor their recipient agencies' compliance with all program requirements
			 including, but not limited to, eligibility determinations, food ordering
			 procedures, storage and warehousing practices, inventory controls, approval of
			 distribution sites, reporting and recordkeeping requirements and civil rights
			 compliance..
(3) If the department
			 determines that OFB or their recipient agencies are not in compliance with
			 applicable state or federal regulations, the department shall, within 30
			 working days of the close of the on-site evaluation, send OFB a corrective
			 action notice that shall include at a minimum:
(a) A description of the identified
			 deficiency;
(b) The possible
			 causes of the deficiency;
(c) The
			 time frame within which that corrective action must be taken; and
(d) Any requirements for documenting
			 corrective action taken.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 192 - OREGON HUNGER RESPONSE FUND › Section 461-192-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 chapter 461, division 192 establishes and implements the Oregon Hunger Response
			 Fund, which is funded by General Fund moneys and carries out the Department's
			 responsibility as the lead public body in administering the state policy on
			 hunger under ORS 458.530 to
			 458.545. The Oregon Hunger
			 Response Fund is the means by which the Department allocates funds for the
			 statewide network of food banks and emergency food programs to acquire food and
			 new food sources, build network capacities and link emergency food clients to
			 other services.
(2) The Oregon Food
			 Bank, a nonprofit corporation organized under ORS Chapter 65, is the agency
			 designated by the Department to coordinate distribution of food and funds in
			 Oregon under the Oregon Hunger Response Fund. Under the program, the food is
			 distributed through the recipient agencies to low income households, which are
			 those households with an income that does not exceed 185 percent of the federal
			 poverty guideline. A portion of the funds are distributed to recipient
			 agencies.
Statutory/Other Authority: ORS
				  411.060,
				  458.530 &
				  458.545
Statutes/Other Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 192 - OREGON HUNGER RESPONSE FUND › Section 461-192-0020 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Food
			 Bank may select and subcontract with recipient agencies to carry out activities
			 of the Oregon Hunger Response Fund at the local level. A recipient agency is a
			 regional food bank or other local public agency or private nonprofit agency
			 that under the subcontracting agreement undertakes to relieve situations of
			 emergency and distress by enabling the provision of food to other local
			 nonprofit agencies for distribution to low income households.
(2) A recipient agency may provide Oregon
			 Hunger Response Fund program services only if the agency has first entered into
			 a subcontracting agreement with the Oregon Food Bank to serve as a recipient
			 agency. The agreement must at least include provisions regarding the grant
			 amount, conditions, effective date, terms of the contract, eligible services,
			 fiscal and program report requirements, and audit requirements.
(3) A recipient agency may recommend
			 guidelines to the Oregon Food Bank for the uses and disbursement of program
			 funds.
(4) The Oregon Food Bank
			 may use program funds to supplement but not supplant existing funds used in
			 supporting the work of the recipient.
(5) Neither the Oregon Food Bank nor a
			 recipient agency may require a program recipient to make any payments in money,
			 materials or services for, or in connection with, the receipt of emergency
			 food.
Stat. Auth.: ORS
				  456.555
Stats. Implemented: ORS
				  456.625 &
				  458.525 -
				  458.545
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 192 - OREGON HUNGER RESPONSE FUND › Section 461-192-0030 - Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Food Bank and recipient agencies may use funds furnished through the
			 Oregon Hunger Response Fund for:
(a) Capacity
			 building activities and equipment purchases to strengthen or expand the
			 infrastructure of recipient agencies to facilitate expansion of the food
			 supply, including the transportation of commodities;
(b) Acquisition of food in bulk form and the
			 repackaging and distribution of this food for household and congregate meal
			 site use; and
(c) Linkage grants
			 to recipient agencies for outreach to low income populations and under-served
			 areas so that emergency food recipients can obtain nutrition education and
			 other support services.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 192 - OREGON HUNGER RESPONSE FUND › Section 461-192-0040 - Fiscal Control and Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Food Bank and each recipient
			 agency under the Oregon Hunger Response Fund:
(a) Shall maintain records that document the
			 use of program funds for linkage and capacity building activities and the
			 receipt and distribution of commodities purchased; and
(b) Shall maintain records of program
			 activities and fiscal transactions for a period of three years and shall make
			 the records available to the Department upon request.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 193 - REFUGEE PROGRAMS › Section 461-193-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.116
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.135,
				  412.006,
				  412.049,
				  414.025
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 193 - REFUGEE PROGRAMS › Section 461-193-0240

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.116,
				  412.006
Stats. Implemented: ORS
				  411.060,
				  411.116,
				  412.006
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 193 - REFUGEE PROGRAMS › Section 461-193-0560 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.010,
				  409.050,
				  411.060,
				  411.070,
				  412.006,
				  412.049
Stats. Implemented: ORS
				  409.010,
				  409.050,
				  411.060,
				  411.070,
				  412.006,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 193 - REFUGEE PROGRAMS › Section 461-193-0940 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.116
Stats. Implemented: ORS
				  411.070,
				  411.135,
				  412.006,
				  412.049,
				  414.025
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 193 - REFUGEE PROGRAMS › Section 461-193-1310 - Participation Requirements; NAES Project

Current through Register Vol. 63, No. 7, July 1, 2024
Project participants must be actively working toward
				self-sufficiency by performing specific tasks as assigned to them on their
				Employment Plan.
(1) Participants must
			 be actively engaged in NAES employment activities as specified on their
			 Employment Plan; OR
(2) Employed in
			 a full-time or part-time job.
Stat. Auth.: ORS
				  411.060, ORS
				  411.116 & ORS
				  411.135(1)
Stats. Implemented: ORS
				  411.070, ORS
				  414.025(2), ORS
				  418.040 & ORS
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 193 - REFUGEE PROGRAMS › Section 461-193-1380

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060,
				  411.116,
				  411.135,
				  412.006,
				  412.049,
				  414.025
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.116,
				  411.135,
				  412.006,
				  412.049,
				  414.025
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 194 - TAX INFRASTRUCTURE GRANT PROGRAM › Section 461-194-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this rule are retroactively effective January
				12, 2023. OAR chapter 461, division 194 establishes and implements the Tax
				Infrastructure Grant Program, which carries out the Department's responsibility
				under House Bill 4117 (2022 short session). The grant program provides funding
				to
culturally specific organizations
(see OAR
				461-194-0010),
culturally responsive organizations
(see OAR
				461-194-0010),
tribal
				governments
(see OAR
				461-194-0010), and under-served
rural community organizations
(see OAR
				461-194-0010) that are engaged
				in income tax benefits education, navigation, and return preparation. The
				program's objective is to provide free income tax services as well as education
				about income tax credits and other tax benefits to households with low
				income.
Statutory/Other Authority: ORS
				  411.060 & HB 4117 (Oregon
				  2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short
				  session)
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 194 - TAX INFRASTRUCTURE GRANT PROGRAM › Section 461-194-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this rule are retroactively effective January
				12, 2023. Terms used in OAR chapter 461, division 194, are defined as follows,
				unless otherwise indicated by the context:
(1) "Culturally specific organizations" means
			 an entity that provides services to a community in an organizational
			 environment that is culturally focused, and the community being served
			 recognizes it as a culturally specific entity that provides culturally and
			 linguistically responsive services. The entity must have a record of successful
			 community engagement and involvement with the community being served.
(2) "Culturally responsive organizations"
			 means an entity that is designed to effectively meet the needs of individuals
			 from diverse cultural backgrounds and experiences through an understanding and
			 respect for the beliefs, practices, culture, and linguistic needs of the
			 diverse populations and communities being served.
(3) "Department" means the Oregon Department
			 of Human Services.
(4) "Tribal
			 governments" means the sovereign governing bodies of the nine federally
			 recognized tribes, confederated tribes, and tribal nations in Oregon:
(a) Burns Paiute Tribe;
(b) Confederated Tribes of Coos, Lower
			 Umpqua, and Siuslaw Indians;
(c)
			 Confederated Tribes of Grand Ronde;
(d) Confederated Tribes of Siletz
			 Indians;
(e) Confederated Tribes of
			 the Umatilla Indian Reservation;
(f) Confederated Tribes of Warm
			 Springs;
(g) Cow Creek Band of
			 Umpqua Tribe of Indians;
(h)
			 Coquille Indian Tribe; and
(i) The
			 Klamath Tribes.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 194 - TAX INFRASTRUCTURE GRANT PROGRAM › Section 461-194-0020 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this rule are retroactively effective January
				12, 2023. Grants awarded by the Tax Infrastructure Grant Program must meet at
				least one of the following:
(1)
			 Strengthen the existing network of
culturally specific
			 organizations
(see OAR
			 461-194-0010) and
culturally responsive organizations
(see OAR
			 461-194-0010) that provide tax
			 preparation;
(2) Expand
			 organizational capacity in geographically diverse areas of Oregon to improve
			 access to tax navigation and tax preparation services;
(3) Improve the recruitment and retention of
			 qualified tax preparers;
(4)
			 Strengthen the technology resources and training systems available to tax
			 preparers and volunteers; or
(5)
			 Strengthen taxpayer outreach, education, and connections to communities by
culturally specific organizations
and
culturally
			 responsive organizations
that provide tax navigation and preparation
			 services.
Statutory/Other Authority: ORS
				  411.060 & HB 4117 (Oregon
				  2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short
				  session)
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 194 - TAX INFRASTRUCTURE GRANT PROGRAM › Section 461-194-0030 - Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this rule are retroactively effective January
				12, 2023. Tax Infrastructure Grant Program grant recipients must use funds to
				assist households with low income by at least one of the following:
(1) Providing education about tax credits and
			 other tax benefits available to individuals with low income;
(2) Assisting in navigation of the state and
			 federal tax systems; or
(3) Filing
			 income tax returns.
Statutory/Other Authority: ORS
				  411.060 & HB 4117 (Oregon
				  2022 short session)
Statutes/Other Implemented: HB 4117 (Oregon 2022 short
				  session)
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 194 - TAX INFRASTRUCTURE GRANT PROGRAM › Section 461-194-0040 - Monitoring and Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this rule are retroactively effective January
				12, 2023.
(1) The Department will
			 conduct reviews, audits, and other compliance monitoring as it deems
			 appropriate to verify compliance with grant agreements. Grant recipients will
			 cooperate fully with the Department in its compliance monitoring.
(2) Grant recipients shall meet both of the
			 following:
(a) Maintain records that document
			 the use of grant funds for a period of three years and make the records
			 available to the Department upon request; and
(b) Submit required reports and other data as
			 specified in the grant agreement.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0303 - Personal Injury Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Personal Injury Liens program is designated and authorized to administer the
			 personal injury lien program for the Oregon Heath Authority (the Authority) and
			 the Oregon Department of Human Services (the Department) (see OAR
			 461-195-0301). To administer the
			 program, the Personal Injury Liens program is also authorized to:
(a) Prepare and file liens;
(b) Assign lien authority to a CCO (see OAR
			 461-195-0301) or a
prepaid managed care health services organization
(see
			 461-195-0301) for medical costs
			 paid by a CCO or
prepaid managed care health services
			 organization
to or on behalf of an
applicant
(see
			 461-195-0301) or
recipient
(see
			 461-195-0301) arising from any
personal injury
(see
			 461-195-0301);
(c) Assert any rights or remedies, including
			 filing a complaint in court, arising from an assignment of right to payment
			 acquired by the Authority in accordance with ORS
			 659.830 and
			 743.847, from an
applicant
or
recipient
; and
(d) Assert any rights or remedies granted in
			 ORS 416.580 or
			 416.610.
(e) Issue subpoenas under ORS
			 411.593 or
			 413.037.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0305 - Lien of the Department, Coordinated Care Organization, or Prepaid Managed Care Health Services Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever a
recipient
(see OAR 461-195-0301) has a
claim
(see OAR
			 461-195-0301) for damages for a
personal injury
(see OAR
			 461-195-0301), the
Department
(see OAR
			 461-195-0301) shall have a lien
			 upon the amount of any
judgment
(see OAR
			 461-195-0301) in favor of a
recipient
or amount payable to the
recipient
under a
settlement
(see OAR
			 461-195-0301) or
compromise
(see OAR
			 461-195-0301) as a result of
			 that
claim
for all
assistance
(see OAR
			 461-195-0301) received from the
			 date of the injury to -
(a) The date of
			 satisfaction of the
judgment
favorable to the
recipient
; or
(b)
			 The date of the payment under the
settlement
or
compromise
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0310 - Notice of Claim or Action by Applicant or Recipient

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 10 days after a
claim
(see OAR 461-195-030) or
action
(see
			 OAR 461-195-0301) to enforce a
claim
is initiated on behalf of an
applicant
(see OAR 461-195-0301 or
recipient
(see OAR
			 461-195-0301), or, if the
claim
or
action
was initiated prior to the
			 application for
assistance
(see OAR
			 461-195-0301), then at the time
			 of application, the first existing person on the following list who is
			 enforcing the
claim
or
action
must notify the
			 Department (see OAR 461-195-0301) and any CCO (see
			 OAR 461-195-0301) that provided
			 services to the
applicant
or
recipient
after
			 the
personal injury
(see OAR
			 461-195-0301):
(a) Any attorney;
(b) Any personal representative, as defined
			 in ORS 111.005, or any affiant, as
			 defined in ORS 114.505, for the estate of the
applicant
or
recipient
;
(c) Any conservator;
(d) Any guardian;
(e) Any
personal
			 representative
, as defined in OAR
			 407-014-0000;
(f) Any
authorized
			 representative
, as defined in OAR
			 410-200-0015 or
			 461-115-0090;
(g) Any resource parent or foster
			 parent;
(h) Any
caretaker
			 relative,
as defined in OAR
			 461-001-0000;
(i) Any parent of the
applicant
or
recipient
; or
(j) The
applicant
or
recipient
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0315 - Notice of Determination of Lien by Department

Current through Register Vol. 63, No. 7, July 1, 2024
Where the Department determines that it has a lien pursuant to
				OAR 461-195-0305, the Department
				shall:
(1) Notify the recipient of the
			 Department's determination;
(2)
			 File a notice of lien with the county recording officer as provided in ORS
			 416.550(a);
			 and
(3) Send, by registered or
			 certified mail, a certified copy of the Notice of Lien filed pursuant to
			 section (2) of this rule to each person or public body, agency or commission
			 against whom the claim is made or action is brought by or on behalf of the
			 recipient.
Stat. Auth.: ORS
				  409.050,
				  411.060 &
				  416.510 -
				  416.610
Stats. Implemented: ORS
				  25.020,
				  25.080,
				  409.020 &
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0320 - Release of Lien for Future Medicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for consideration of a full or
			 partial release of the State's share of the Department's lien (including the
			 amount of an assigned lien) pursuant to ORS
			 416.600, the recipient must
			 demonstrate, through documentation satisfactory to the Department, that:
(a) As a result of the personal injury for
			 which the recipient has a claim, the recipient has a medical condition which
			 will require future medical treatment;
(b) The nature of future medical
			 treatment;
(c) The date on which
			 the future medical treatment can reasonably be expected to occur;
(d) The anticipated cost of the future
			 medical treatment;
(e) The amount
			 of the settlement, compromise, or judgment awarded the recipient;
(f) Timely compliance by the recipient with
			 the notification requirements; and
(g) Any other documentation requested by the
			 Department.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0325 - Release or Compromise of Lien

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department has not assigned a lien
			 to a prepaid managed care health services organization (organization) or if the
			 organization failed to perfect its assigned lien, the Department may release or
			 compromise its lien -- for the amount of the settlement, compromise, or
			 judgment that is subject to the lien -- and distribute collections under its
			 lien as follows:
(a) To the Department, an
			 amount equal to the State share of Department's assistance expenditures for the
			 amount of the settlement, compromise, or judgment that is subject to the
			 lien.
(b) To the federal
			 government, the federal share of the Department's assistance expenditures for
			 the amount of the settlement, compromise, or judgment that is subject to the
			 lien, pursuant to applicable law.
(c) To the recipient, any remaining amount
			 after distributions provided for in subsections (a) and (b) of this section.
			 The amount distributed to the recipient must be treated as income or resources
			 consistent with applicable law.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0350 - Procedure Where Injured Recipient is a Minor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where the injured recipient is a minor,
			 the Department may petition the court having probate jurisdiction in the county
			 in which the minor lives to determine the sum that will be needed for the
			 minor's complete physical rehabilitation. Except to the extent that of the
			 federal share of the amount of a lien, the lien of the Department, including
			 any lien assigned to a prepaid managed care health services organization, shall
			 not attach to the amount of any sum needed for the rehabilitation.
(2) If the recipient is a minor, no payments
			 to the Department in satisfaction of its lien and no payments to the recipient
			 under a judgment, settlement, or compromise may be made until a hearing has
			 taken place and the court has issued its order under ORS
			 416.590.
Stat. Auth.: ORS
				  409.050,
				  411.060 &
				  416.510 -
				  416.610
Stats. Implemented: ORS
				  25.020,
				  25.080,
				  409.020 &
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0521 - Calculation of Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
This rule specifies how the Department calculates an
overpayment
(see OAR
				461-195-0501).
(1) The Department calculates an
overpayment
by determining the amount the individual received,
			 or the payment made by the Department on behalf of the individual that exceeds
			 the amount for which the individual was eligible.
(2) When a filing group (see OAR
			 461-110-0310 and OAR
			 414-175-0015),
HSD
			 medical programs
(see OAR
			 461-001-0000)
eligibility determination group
(see OAR
			 410-200-0015), ineligible
			 student, or
authorized representative
(see OAR
			 461-115-0090 and OAR
			 410-200-0015) fails to report
			 income, the Department establishes, calculates and determines the
overpayment
by assigning unreported income to the applicable
			 budget month without averaging the unreported income, except:
(a) An individual's earned income reported
			 quarterly from the Employment Department is considered received by the
			 individual in equal amounts during the months identified in the
			 report.
(b) In the ERDC, REF, SNAP,
			 and TANF programs, an individual's actual self-employment income is annualized
			 retrospectively to calculate the
overpayment
.
(c) In the
HSD medical
			 programs
, if actual income is not available for the months in which an
overpayment
occurred, an individual's actual self-employment
			 income (see OAR 410-200-0015) received during
			 the year when an
overpayment
occurred is annualized to
			 calculate an
overpayment
.
(d) In all programs, if verification of
			 self-employment income is not provided to the Department following the issuance
			 of a subpoena, or is not yet available to the individual, self-employment
			 income from a prior year is annualized prospectively to calculate an
			 overpayment. There is a rebuttable presumption that self-employment income from
			 the prior year is representative of actual self-employment income for the time
			 of overpayment. The presumption may be rebutted only by clear and convincing
			 evidence.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0541 - Liability for Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In all programs except the HSD medical, OSIP, OSIPM, QMB, REFM, and SNAP
			 programs or a child care program, the following persons are liable for
			 repayment of an
overpayment
(see OAR
			 461-195-0501):
(a) Each individual in the filing group or
			 required to be in the filing group and the payee when the
overpayment
was incurred, except an individual who did not
			 reside with and did not know they were included in the filing group.
(b) A
caretaker relative
(see OAR 461-001-0000) and their
spouse
(see OAR
			 461-001-0000) who were not part
			 of, but resided with, the filing group when the
overpayment
was incurred.
(c) A
parent
(see OAR
			 461-001-0000) or
caretaker relative
of a
child
(see OAR
			 461-001-0000) in the
benefit group
(see OAR
			 461-110-0750) and the
spouse
of the
parent
or
caretaker
			 relative
if the
parent
,
caretaker
			 relative
, or
spouse
was a member of or resided with
			 the filing group when the
overpayment
was incurred.
(d) An individual determined liable for an
overpayment
remains liable when the individual becomes a
			 member of a new filing group.
(e)
			 An
authorized representative
(see OAR
			 461-115-0090) when the
authorized representative
knowingly gave incorrect or
			 incomplete information or intentionally withheld information resulting in the
overpayment
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0551 - Methods of Recovering Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to judicial process, the
			 Department may recover an overpayment (see OAR
			 461-195-0501) through an agreed
			 repayment plan, reduction in benefits, voluntary payment from the client or
			 authorized representative (see OAR
			 461-115-0090), and offset of the
			 debt.
(2) The Department reduces
			 current benefits to collect an overpayment only as follows:
(a) In the GA and OSIP programs, the
			 Department may recover an overpayment by reducing cash benefit payments by the
			 lesser of the following:
(A) The total
			 overpayment amount;
(B) The total
			 benefit amount; or
(C) Ten percent
			 of the client's total benefit requirement at the standard of need.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0561 - Compromise or Adjustment of an Overpayment Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule section specifies when and how
			 the Department may compromise an
overpayment
(see OAR
			 461-195-0501) claim.
(a) The Department may consider a request to
			 compromise an
overpayment
claim only if the estimated
			 administration and collection costs necessary to collect the account in full
			 likely exceed the current balance of the
overpayment
.
(b)
			 The following limitations apply to the compromise of an
overpayment
claim:
(A) The
			 authority of the Department to compromise may be limited by federal or state
			 law.
(B) The Department may
			 compromise a claim only once it is a
liquidated claim
(see OAR
			 461-195-0551).
(C) The Department may compromise a claim
			 only if the requester has made a good faith effort to repay the
overpayment
.
(D)
			 The Department may not compromise:
(i) A
			 fraud
overpayment
claim;
(ii) Any
overpayment
claim,
			 unless 36 months have passed since the requester initially was notified of the
overpayment
;
(iii)
			 An
overpayment
claim if the debtor has the ability to repay
			 the overpayment in full within 36 months of the request date.
(iv) An
overpayment
claim
			 for less than 75 percent of the total amount of the claim.
(v) An
overpayment
claim if
			 the debtor is a member, currently or in the previous 12 months, of a filing
			 group or HSD medical programs
eligibility determination group
(see OAR 410-200-0015) that received
			 benefits under the program in which the
overpayment
occurred.
(vi) A child care
			 provider
overpayment
claim if the provider, currently or in
			 the previous 12 months, received a direct provider payment for child care under
			 division 165 of this chapter of rules or division 175 of OAR chapter
			 414.
(c) The
			 Department may allow a compromised claim to be paid in installments over a
			 period not to exceed 90 days.
(d)
			 During the 12 months following the date of the compromise agreement, the
			 Department reserves the right to collect the original unmitigated claim through
			 benefit reduction under OAR
			 461-195-0551.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0601 - Intentional Program Violations; Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the child care programs, a provider
			 commits an
intentional program violation
(IPV) by
			 intentionally making a false or misleading statement or misrepresenting,
			 concealing, or withholding information related to their request to be eligible
			 for a child care payment under OAR
			 461-165-0180 or
			 414-175-0080, or a claim for a
			 child care payment.
(2) In the SNAP
			 program:
(a) An individual commits an
intentional program violation
by:
(A) Making a false or misleading statement or
			 misrepresenting, concealing or withholding a fact relating to the use,
			 presentation, transfer, acquisition, receipt, possession, or
trafficking
(see OAR
			 461-195-0601(2)(b))
			 of SNAP benefits; or
(B) Committing
			 any act that constitutes a violation of the Food Stamp Act, the SNAP program
			 regulations, or any state statute relating to the use, presentation, transfer,
			 acquisition, receipt, possession, or
trafficking
of SNAP
			 benefits.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0611 - Intentional Program Violations; Establishment and Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the ERDC, REF, REFM, SNAP, and TANF
			 programs, an IPV is established by a state or federal court, by an
			 administrative agency in a contested case, or by a person signing the
			 designated form acknowledging the IPV and waiving the right to an
			 administrative hearing. If the IPV will be established in a contested case, the
			 Department initiates the IPV hearing.
(2) Except as provided in section (3) of this
			 rule, there is no administrative appeal after a person waives the right to an
			 IPV hearing and the penalty may not be changed by subsequent administrative
			 action.
(3) A person who waives the
			 right to an IPV hearing may seek relief in court or request a contested case
			 hearing on the sole issue of whether the waiver was signed under duress (see
			 OAR 461-025-0310 and
			 414-175-0095). If there is a
			 determination that the waiver was signed under duress, the initial IPV penalty
			 is void, and:
(a) If a court determines that
			 a waiver was signed under duress, the court may determine whether an IPV
			 occurred and the amount of the penalty.
(b) If an administrative law judge determines
			 that a waiver was signed under duress, the Department may initiate an IPV
			 hearing to determine whether an IPV occurred and the amount of the
			 penalty.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 195 - LIENS, OVERPAYMENTS AND IPVS › Section 461-195-0621 - Intentional Program Violations; Penalties and Liability for Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Disqualification penalties resulting from intentional program violations and
			 other violations of law are listed in this rule. An individual may be subject
			 to disqualification for an
intentional program violation
(IPV)
			 (see OAR 461-195-0601) only if the
			 individual was advised of the disqualification penalties prior to committing
			 the IPV. A disqualification established in another state or established in the
			 Food Distribution Program on Indian Reservations continues in effect in
			 Oregon.
(2) In the ERDC program, if
			 an IPV is established against an individual through a contested case hearing, a
			 waiver of the right to hearing, or by a state or federal court, that individual
			 is liable for repayment to the Department of the full amount of
overpayment
(see OAR
			 461-195-0501) the Department has
			 established. Payments of restitution to the Department are credited against the
			 amount owed. A
recipient
(see OAR
			 461-195-0301) is not subject to
			 an IPV disqualification but is still required to repay
overpayment
amounts.
(3) A child care provider who has incurred an
overpayment
established as an IPV claim is ineligible for
			 payment---
(a) For six months and until the
			 full amount of the
overpayment
is paid; or
(b) Permanently, if the Department of Early
			 Learning and Care (DELC) finds that such ineligibility is in the public
			 interest. The following is a non-exclusive list of reasons that support a
			 determination of permanent ineligibility: safety concerns; or, the likelihood
			 of future violations; or, the degree of egregiousness of any of the established
			 IPVs; or, the degree of primary involvement in the violation by the
			 provider.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0000 - General Purpose and Scope; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
Summer Electronic Benefit Transfer (SEBT) program is
				established for the purpose of providing nutrition assistance during the summer
				months for each eligible child, to ensure continued access to food when school
				is not in session for the summer.
Statutory/Other Authority: ORS
				  411.060
Statutes/Other Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0010 - Administration; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
Summer EBT (SEBT) is administered through a partnership between
				the Oregon Department of Human Services (ODHS) and Oregon Department of
				Education (ODE). Roles and responsibilities of both agencies are clarified as
				follows:
(1) Coordinating SEBT agency.
(a) For the purposes of the SEBT program ODHS
			 will act as the coordinating agency.
(b) The coordinating agency is the primary
			 point of contact for the SEBT program within the State.
(c) The coordinating agency is responsible
			 for completion and timely submission of any required plans, forms and reports
			 as well as responsible for activities outlined in the inter-agency agreement
			 with the partnering agency.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0030 - Authorized Representative; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of the Summer EBT (SEBT) program, the
Department
(see OAR 461-196-0020) adopts the general
				Authorized Representative rule provisions of
				461-115-0090.
Statutory/Other Authority: ORS
				  411.060
Statutes/Other Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0040 - Application Requirements; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for Summer EBT (SEBT) is
			 considered complete if the following information is provided:
(a) Full name(s) of child(ren) and other
filing group
(see OAR 461-196-0020) members;
(b) Name of school(s) where the child(ren)
			 attend;
(c) Mailing
			 address;
(d) Amount, source, and
			 frequency of income for each
filing group
member;
			 and
(e) Signature of an adult
filing group
member.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0050 - Benefit Amount, Access, and Use; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Summer EBT (SEBT) benefit will be $40
			 per month of the
summer operational period
(see OAR
			 461-196-0020 and OAR 461-196-0060) for a total of $120, for each
eligible child
(see OAR 461-196-0020).
(2) SEBT benefits are not prorated.
(3)
Eligible children
on
			 Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for
			 Needy Families (TANF) cases will receive benefits on the same EBT card as the
			 household receives Oregon Department of Human Services (ODHS)
			 benefits.
(4)
Eligible
			 children
will receive a separate card for SEBT benefits if not
			 eligible through SNAP or TANF eligibility.
(5) The
Department
(see OAR
			 461-196-0020) considers benefits available when an EBT card has been received
			 and the benefits have been issued and made available to the individual in their
			 EBT account.
(6) Unused benefits
			 will remain available to access for 122 days from the date the benefits were
			 made available on the EBT account.
(7) Unused benefits are
expunged
(see OAR 461-196-0020) by the oldest benefit
			 allotment after 122 days if none of the benefits have been used during the 122
			 days. "Used" includes a purchase of any amount.
(8)
Expunged
benefits will
			 not be restored to the client.
Statutory/Other Authority: ORS
				  411.060
Statutes/Other Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0060 - Eligibility; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligibility for Summer EBT (SEBT) will be
			 established from the first day of the
instructional year
(see
			 OAR 461-196-0020) immediately preceding the
summer operational
			 period
(see section (2) of this rule and OAR 461-196-0020) through the
			 last day of the
summer operational period
, as defined by the
			 approved State Plan of Operations and Management.
(2) For the school year 2024, the
summer operational period
is the first day of the
instructional year
immediately preceding the
summer
			 operational period
, September 1, 2023.
(a) The start of the
summer
			 operational period
is May 24, 2024.
(b) The end of the
summer operational
			 period
is September 2, 2024.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 196 - SUMMER EBT PROGRAM › Section 461-196-0070 - Enrollment Verification; SEBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enrollment verification used to determine
			 eligibility for the Summer EBT (SEBT) program will be provided according to
			 sections (2) and (3) of this rule.
(2) Automatic enrollment with
streamlined certification
(see OAR 461-196-0060).
(a) Data for school aged children who are
categorically eligible
(see OAR 461-196-0020) based on their
			 participation in Head Start, Food Distribution Program for households on Indian
			 Reservations (FDPIR), or because of their Migrant, homeless, or runaway status
			 will be shared by schools with the
Department
(see OAR
			 461-196-0020) as part of the regular direct certification data share to be used
			 for SEBT eligibility.
(b) Data for
			 school aged children who are on an active Supplemental Nutrition Assistance
			 Program (SNAP) or Temporary Assistance for Needy Families (TANF) case at any
			 time during the eligibility period will be shared by Oregon Department of Human
			 Services (ODHS) with the
Department
to be used for SEBT
			 eligibility.
(c) Data for school
			 aged children who are part of a foster care case through ODHS Child Welfare
			 will be shared by ODHS Child Welfare with the
Department
for
			 SEBT eligibility.
(d) Data for
			 school aged children who are part of an Oregon Health Plan Medicaid case
			 through Oregon Health Authority will be shared by the Oregon Health Authority
			 with the
Department
for SEBT eligibility.