Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0832 - Estate Administration; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Effective July 18, 1995, for purposes of these rules (OAR
				461-135-0832 to
				461-135-0847) and ORS
				93.268,
				410.075,
				411.620,
				411.630,
				411.694,
				411.708,
				411.795,
				416.310,
				416.340, and
				416.350 the terms listed below
				have the meanings ascribed to them herein; provided, however, as used in these
				rules, any term has the same meaning as when used in a comparable context in
				the laws of the United States in effect on June 1, 1996, relating to the
				recovery of medical assistance paid by a state pursuant to
				42 USC
				1396 et. seq. relating to Grants to States
				for Medical Assistance Programs, unless a different meaning is clearly required
				or the term is specifically defined herein. The Department applies the
				definitions and procedures set forth in these rules to recoveries and claims
				made pursuant to ORS 411.708,
				411.795,
				416.310,
				416.340, and
				416.350.
(1) "Assets" means all income and resources
			 of an individual, including any income or resources that an individual is
			 entitled to at the time of death, including any income or resources to which
			 the individual is entitled, but does not receive, because of action: by the
			 individual; the individual's spouse (see OAR
			 461-001-0000); by a person,
			 including a court or administrative body with legal authority to act in place
			 of or on behalf of the individual; or by any person, including any court or
			 administrative body, acting at the direction or upon the request of the
			 individual.
(2) "Assign" means a
			 person who acquires an interest in real or personal property or an asset
			 pursuant to a written or oral assignment of such real or personal property or
			 asset from a person with the legal right to assign it.
(3) "Assistance" means general assistance and
			 public assistance as defined in ORS
			 411.010 and medical assistance
			 as defined in ORS 414.025.
(4) "Bona fide purchaser for value" means any
			 person who provides consideration, including money or property, to a seller or
			 transferor of real property or personal property equal to the fair market value
			 of the real or personal property sold or transferred.
(5) "Child under age 21" means the deceased
			 recipient's natural or adopted son or daughter who is under 21 years of age
			 throughout the time the Department seeks to enforce its claim.
(6) "Child with a disability" means the
			 deceased recipient's natural or adopted son or daughter of any age, who meets
			 SSI disability criteria throughout the time the Department seeks to enforce its
			 claim, and who presents evidence to the Department substantiating the
			 disability within two years after the Department initially asserts its
			 claim.
(7) "Child with a visual
			 impairment" means the deceased recipient's natural or adopted son or daughter,
			 of any age, who, within two years after the Department initially asserts its
			 claim, substantiates blindness throughout the time the Department seeks to
			 enforce its claim by presenting evidence of:
(a) Vision of 20/200 or less in the better
			 eye with a corrective lens;
(b) A
			 limitation in vision field to an angle of 20 degrees or less; or
(c) Meeting any other SSI criteria for
			 blindness.