reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0875 - Specific Requirements; Retroactive Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals are
			 evaluated for retroactive eligibility as follows:
(a) In the OSIPM programs, when individuals
			 received Medicaid-covered medical services prior to the date of request (see
			 OAR 461-115-0030). This includes
			 deceased individuals who would have been eligible for Medicaid covered services
			 had they, or someone acting on their behalf, applied.
(b) In the QMB-DW program, when individuals
			 paid or incurred Medicaid-covered Medicare Part A premiums, or were eligible
			 for but not enrolled in Medicare Part A prior to the date of request and
			 received Medicare Part A-covered services. This includes deceased individuals
			 who would have been eligible for Medicaid-covered premiums had they, or someone
			 acting on their behalf, applied.
(c) In the QMB-SMB and QMB-SMF programs, when
			 individuals paid or incurred Medicaid-covered Medicare Part B premiums, or were
			 eligible for but not enrolled in Medicare Part B prior to the date of request
			 and received Medicare Part B-covered services. This includes deceased
			 individuals who would have been eligible for Medicaid-covered premiums had
			 they, or someone acting on their behalf, applied.
(d) Individuals applying for medical
			 assistance through the REFM program are evaluated for retroactive
			 eligibility.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0880 - OSIPM and QMB Programs; COVID-19

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions in this rule apply to the OSIPM and QMB
				programs.
(1) Subject to subsection
			 (5)(b) of this rule, the Department amends the following rules or rule sections
			 regarding the OSIPM and QMB programs.
(a) OAR
			 461-115-0700,
(b) OAR 461-175-0704,
(c) OAR
			 461-180-0030, and
(d) OAR
			 461-180-0120(1), (2), and
			 (3)(b).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0900 - Specific Requirements; REF, REFM

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the
eligibility
(see OAR
			 461-001-0000) requirements in
			 other rules in OAR chapter 461, an individual must meet all of the requirements
			 in this rule to be eligible for the REF and REFM programs.
(2) An individual must meet the noncitizen
			 status requirements of OAR
			 461-120-0125 to be eligible for
			 REF and REFM programs except as follows. In the REFM program, a newborn
child
(see OAR
			 461-001-0000) born in the United
			 States to an individual in the REFM program is not required to meet the
			 noncitizen status requirements for the REFM program as long as each
parent
(see OAR
			 461-001-0000) in the
filing group
(see OAR
			 461-110-0210) meets the
			 noncitizen status requirements of OAR
			 461-120-0125.
(3) An individual is not eligible to receive
			 REF and REFM program benefits if the individual is a full-time student of
			 "higher education", unless such education is part of a cash assistance case
			 plan. Any education or training allowable under an approved case plan must be
			 less than one year in length. For the purposes of this rule, "higher education"
			 means education that meets the requirements of one of the following
			 subsections:
(a) Public and private
			 universities and colleges and community colleges that offer degree programs
			 regardless of whether a high school diploma is required for the program.
			 However, GED, ABE, ESL, and high school equivalency programs at these
			 institutions are not considered "higher education".
(b) Vocational, technical, business, and
			 trade schools that normally require a high school diploma or equivalency
			 certificate for enrollment in the curriculum or in a particular program at the
			 institution. However, programs at those institutions that do not require the
			 diploma or certificate are not considered "higher education".
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0910 - Unaccompanied Minor Program; REF, REFM

Current through Register Vol. 63, No. 7, July 1, 2024
Refugees who entered the United States under the Unaccompanied
				Minor Program administered by the federal Office of Refugee Resettlement are
				wards of the court and are in the custody of a public agency. They are not
				eligible for REF or REFM.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0915 - Specific Requirements; REF

Current through Register Vol. 63, No. 7, July 1, 2024
In the REF program:
(1) To be eligible, an individual must be
			 determined ineligible for TANF.
(2)
			 As used in this rule:
(a) Except as provided
			 otherwise in this section, "good cause" means a reasonable person of normal
			 sensitivity, exercising ordinary common sense under similar circumstances,
			 would have:
(A) Quit work, including in
			 anticipation of discharge;
(B)
			 Participated in behavior leading to the individual's discharge; or
(C) Voluntarily reduced work hours.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0920 - Refugees Applying for Supplemental Security Income (SSI)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) REF applicants
			 who are age 65 or older or who are blind or have a disability (see OAR
			 461-001-0000) are referred to
			 Social Security to apply for SSI. REF applicants who are found eligible for the
			 REF program receive REF program benefits until SSI benefits begin or until
			 passage of the twelve-month time limit for the REF program, whichever occurs
			 first.
(2) Refugees eligible for
			 SSI are eligible for the OSIPM program.
Statutory/Other Authority: ORS
				  409.050,
				  411.060,
				  411.070 &
				  411.706
Statutes/Other Implemented: ORS
				  409.050,
				  411.060,
				  411.070,
				  411.706 & 45 CFR 400
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0930 - Medical Coverage for Refugees; REFM

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Benefits in the
			 REFM program are the same medical coverage as any Medicaid or CHIP program,
			 except the QMB program.
(2) An
			 individual is not required to meet the financial eligibility criteria for the
			 REFM program if the individual meets all the non-financial eligibility criteria
			 for the REFM program and the requirements of at least one of the following
			 subsections:
(a) The individual loses
			 eligibility for any Medicaid or CHIP program, except the QMB program, due to
			 income from employment.
(b) The
			 individual loses eligibility for any Medicaid or CHIP program, except the QMB
			 program, and is currently receiving benefits in the REF program.
(c) The individual had medical assistance
			 established in another state based on refugee status granted by the United
			 States Citizenship and Immigration Services, and:
(A) Moved to Oregon and is still within the
			 individual's first twelve months in the United States; and
(B) Was found not eligible for any Medicaid
			 or CHIP program other than the QMB program.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0950 - Eligibility for Residents of Public Institutions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule sets out additional
			 restrictions on the eligibility of residents of public institutions for
			 programs covered by Chapter 461 of the Oregon Administrative Rules.
(2) Definition of a "resident of a public
			 institution".
(a) An individual living in a
public institution
(see section (3) of this rule) who is:
(A) Confined involuntarily in a local, state
			 or federal prison, jail, detention facility, or other penal facility, including
			 an individual being held involuntarily in a detention center awaiting trial or
			 an individual serving a sentence for a criminal offense;
(B) Residing involuntarily in a facility
			 under a contract between the facility and a
public institution
where, under the terms of the contract, the facility is a
public
			 institution
;
(C) Residing
			 involuntarily in a facility that is under governmental control;
(D) Receiving care as an outpatient while
			 residing involuntarily in a
public institution
; or
(E) In the OSIPM and QMB programs, no longer
			 a resident of the
public institution
during a temporary period
			 of hospitalization in a medical institution outside of the correctional
			 facility.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0990 - Specific Requirements; Reimbursement of Cost-Effective, Employer-Sponsored Health Insurance Premiums

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Clients or an eligible applicant (see section (2) of this rule) for a client in
			 the OSIPM program may be reimbursed for their share of the premiums for private
			 or employer-sponsored group health insurance if:
(a) The insurance covers a member of the
			 benefit group (see OAR
			 461-110-0750);
(b) The insurance coverage is a comprehensive
			 major medical plan that includes inpatient and outpatient hospital, physician,
			 lab, x-ray and full prescription coverage; and
(c) The premium is cost-effective (see OAR
			 461-155-0360 and OAR
			 410-120-1960).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1070

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  409.050 &
				  411.404
Statutes/Other Implemented: ORS
				  411.060 &
				  411.404
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1080 - Specific Requirements; OSIPM-Healthier Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 for benefits under OSIPM-Healthier Oregon, an individual must meet all
			 financial and non-financial
eligibility
(see OAR
			 461-001-0000) requirements for
			 OSIPM programs except citizenship and noncitizen status requirements (see OAR
			 461-120-0110).
(2) Healthier Oregon provides a medical
			 assistance benefit package equal to the Oregon Health Plan Plus benefit package
			 (see OAR 410-120-1210).
(3) Individuals ages 26 through 54 who would
			 continue to be eligible for Citizenship Waived Medical after June 30, 2023, if
			 not for the expansion of Healthier Oregon, shall be automatically transitioned
			 to Healthier Oregon effective July 1, 2023. Due to ORS
			 414.231, Citizenship Waived
			 Medical ended on June 30, 2023.
Statutory/Other Authority: ORS
				  409.050,
				  411.404 &
				  414.231
Statutes/Other Implemented: ORS
				  411.060,
				  411.404 &
				  414.231
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1185 - Low-Income Subsidy Program (LIS)

Current through Register Vol. 63, No. 7, July 1, 2024
The Low-Income Subsidy (LIS) program is a federal assistance
				program for Medicare clients who need extra help meeting their Medicare Part D
				prescription drug costs. The LIS program helps Medicare clients pay their
				monthly premium, deductible, and co-insurance costs under Part D. The LIS
				program is a means-tested program. All clients must qualify on the basis of
				household income, resources, and size as defined by the Social Security
				Administration.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1186 - LIS Applications

Current through Register Vol. 63, No. 7, July 1, 2024
An LIS application is complete if all of the following
				requirements are satisfied:
(1) The
			 applicant satisfies the provisions of OAR
			 461-115-0050 and completes the
			 Department's forms.
(2) The
			 applicant must submit:
(a) A certification by
			 the applicant or personal representative, under penalty of perjury or sanction
			 for false statement, as to the accuracy of information provided on the
			 application form (see
			 42 CFR
			 423.904(d)(2));
(b) All required statements from financial
			 institutions (see
			 42 CFR
			 423.904(d)(3));
			 and
(c) All information for
			 verification (see
			 42 CFR
			 423.904(d)(3)) required
			 under OAR 461-115-0610.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1187 - Eligibility Determinations and Due Process for LIS

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The regulations set out at
			 42 CFR 423.771 to
			 423.774
			 are expressly adopted and incorporated by reference for LIS. These regulations
			 apply to the application process, eligibility determinations, and
			 redeterminations.
(2) The
			 Department will send to LIS applicants a decision notice consistent with the
			 provisions of OAR 461-175-0200 not later than the
			 45th day after the date of request.
(3) An applicant may appeal an adverse
			 decision notice under the provisions of division 461-025 of the Oregon
			 Administrative Rules.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1195 - Specific Requirements; SFPSS Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
In the SFPSS program:
(1) To be eligible, a client must meet the
			 following requirements:
(a) Be an
			 adult;
(b) Meet all TANF program
			 eligibility requirements (except as provided otherwise in this rule);
(c) Be receiving TANF benefits;
(d) Have an impairment that meets the
			 requirements in OAR 461-125-0260;
(e) File an application for Supplemental
			 Security Income (SSI) disability benefits under the Social Security Act;
			 and
(f) Sign an Interim Assistance
			 Authorization authorizing the Department to recover interim SFPSS program
			 benefits paid to the client (or paid to providers on the client's behalf) from
			 the initial SSI payment or the initial payment after the decision on SSI
			 eligibility. The following provisions are considered part of the Interim
			 Assistance Authorization:
(A) Interim SFPSS
			 program benefits include only those SFPSS program cash benefits paid to the
			 adult, who is applying for SSI, during the period of time that the SSI benefit
			 covers.
(B) For any month in which
			 SSI is prorated, the Department may recover only a prorated amount of the
			 interim SFPSS program cash benefit.
(C) If the Department does not stop delivery
			 of an SFPSS program benefit issued after the SSI payment is made, the SFPSS
			 program payment is included in the interim assistance reimbursement to the
			 Department.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1197 - Good Cause; SFPSS

Current through Register Vol. 63, No. 7, July 1, 2024
In the SFPSS program:
(1) The Department does not require a client
			 to provide verification of good cause if providing the verification would
			 expose the client to increased risk of domestic violence (see OAR
			 461-001-0000).
(2) If in making a determination under this
			 rule, a client's physical or mental impairment is in question, the Department
			 may require the client to provide documentation from a qualified and
			 appropriate medical professional.
(3) A client is excused for good cause from a
			 failure to comply with a requirement of the SFPSS program, including an
			 activity (see OAR 461-001-0025) in a case plan
			 (see 461-001-0025) in the following
			 circumstances:
(a) Participation in a
			 required activity in a case plan would have an adverse effect on or risk to the
			 client's physical or mental health or would expose the client to increased risk
			 of domestic violence (see OAR
			 461-001-0000).
(b) Participation is likely to cause undue
			 hardship for the dependent child (see OAR
			 461-001-0000) or the
			 client.
(c) When the failure to
			 comply is caused by the failure of the Department to timely provide or
			 authorize a support service payment.
(d) Appropriate child care, or day care for
			 an individual in the household who has a disability (see OAR
			 461-001-0000) that substantially
			 reduces or eliminates the individual's ability to care for himself or herself,
			 cannot be obtained. "Appropriate child care" means that:
(A) Both the provider and the place where
			 care is provided meet health, safety, and provider requirements as required in
			 OAR 414-175-0080;
(B) The care accommodates the parent's work
			 schedule; and
(C) The care meets
			 the specific needs of the dependent child, such as age and special-needs
			 requirements.
(e) The
			 work attachment position or employment offered is vacant due to a strike,
			 lockout, or other labor dispute.
(f) The work attachment position or
			 employment requires the client to join a union, and the client has religious
			 objections to unions.
(g) The
			 client's participation in a required activity in a case plan would prevent or
			 interfere with the client's participation in an activity of the Confederated
			 Tribes of Grand Ronde's NEW program.
(h) The client's failure to participate is
			 due to a circumstance beyond his or her reasonable control.
(i) When the failure to comply is caused by
			 an aspect of the client's disability, including the Department's failure to
			 provide a reasonable accommodation.
(j) The client quits a job to accept another
			 job with a monthly income at least equal to the monthly income of the first
			 job.
(k) An individual separated
			 from his or her most recent employment for circumstances the Department
			 determines are reasonable.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1200 - Specific Requirements; TA-DVS

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Temporary Assistance for Domestic
			 Violence Survivors (TA-DVS) program addresses temporary needs of individuals --
(a) Who are currently surviviors of
domestic violence
(see OAR
			 461-001-0000), have been
			 survivors of
domestic violence
, or are at risk of further
domestic violence
;
(b) Whose current or future safety is at risk
			 because of
domestic violence
; and
(c) Who meet the financial and non-financial
			 requirements of this rule.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1205 - Temporary Assistance for Domestic Violence Survivors Program

Current through Register Vol. 63, No. 7, July 1, 2024
The Temporary Assistance for Domestic Violence Survivors
				program (the program or TA-DVS) is established. The program develops a case
				plan and addresses temporary needs of applicants for and recipients of the TANF
				program and others who are victims of domestic violence, have been victims of
				domestic violence or are at risk of victimization by domestic violence. The
				rules for the program are contained in OAR
				461-135-1205 to
				461-135-1235. The purposes of
				the program are:
(1) To help families
			 affected by domestic violence identify their emergent and safety
			 needs;
(2) To help families
			 identify actions that may increase their safety;
(3) To identify community resources that may
			 meet families' needs;
(4) To
			 provide temporary financial assistance and supportive services to eligible
			 families when needed resources are not immediately available; and
(5) To provide financial assistance and
			 services to help the domestic violence survivor and the children remain free
			 from abuse.
Stat. Auth.: ORS
				  411.060 &
				  418.100
Stats. Implemented: ORS
				  411.060,
				  418.100 &
				  411.117
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1230 - Benefits; TA-DVS

Current through Register Vol. 63, No. 7, July 1, 2024
In the Temporary Assistance for Domestic Violence Survivors
				(TA-DVS) program:
(1) An individual
			 may receive TA-DVS program benefits for up to 90 days from the date the
			 individual was found eligible.
(a) Two 90-day
			 certification periods may not overlap.
(b) Once a 90-day
certification
			 period
(see OAR
			 461-001-0000) has expired, the
			 individual may reapply for TA-DVS program benefits under OAR
			 461-135-1200(2).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1235 - TA-DVS; Right to Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
A client whose application is denied or who does not receive a
				decision on an application by the close of the second business day following
				the date the application is complete is entitled to an expedited hearing (see
				OAR 461-025-0315). A dispute over
				the amount of any payment provided to or for the client is resolved in an
				expedited hearing; other disputes about the contents of a case plan are
				resolved through re-engagement.
Statutory/Other Authority: ORS
				  411.060 &
				  412.049
Statutes/Other Implemented: ORS
				  411.060,
				  412.049 &
				  412.072
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1240 - TA-DVS Program; Pandemic

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to the TA-DVS program and is reserved for use
				in case of a pandemic.
Statutory/Other Authority: ORS
				  84.001 to
				  84.061,
				  409.050,
				  411.060,
				  412.049 &
				  412.072
Statutes/Other Implemented: ORS
				  84.001 to
				  84.061,
				  411.060,
				  412.049,
				  409.010,
				  45 CFR
				  260.50 &
				  412.072
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1250 - Closure of Post-TANF Program

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any other administrative rule in Chapter 461,
				effective April 30, 2012 the Post-TANF program funding ends. Continuation of
				Post-TANF benefits is not authorized after April 30, 2012, regardless of
				whether a hearing request on Post-TANF is submitted or pending.
Statutory/Other Authority: ORS
				  411.060,
				  411.070,
				  412.006,
				  412.009,
				  412.049 &
				  412.124
Statutes/Other Implemented: ORS
				  411.060,
				  411.070,
				  412.006,
				  412.009,
				  412.049 &
				  412.124
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1260 - Specific Requirements: Job Participation Incentive

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule explains specific requirements
			 of the Job Participation Incentive (JPI). The JPI food benefit provides $10 per
			 month for qualifying SNAP households with a dependent child (see OAR
			 461-001-0000) under age
			 18.
(2) An individual eligible for
			 JPI may receive a $10 monthly food benefit.
(a) The individual receives the $10 incentive
			 payment starting the month the Department receives documentation that all
			 enrollment criteria in section (3) of this rule have been met.
(b) There are no partial months of JPI
			 benefits.
(c) The individual may
			 only be issued retroactive JPI benefits as allowed under OAR
			 461-180-0130.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1270 - Specific Requirements; Employment Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective April 1, 2016, a
benefit group
(see OAR
			 461-110-0630) that includes an
			 individual who meets the requirements in section (2) of this rule is eligible
			 to receive $225 in
Employment Payments
(see OAR
			 461-001-0025) paid over three
			 months as provided in section (3) of this rule.
(2) To be eligible for three months of
Employment Payments
, an individual in the
benefit
			 group
(see OAR
			 461-110-0750) or an individual
			 not in the
benefit group
due to the time limit in OAR
			 461-135-0071 must meet all of
			 the following requirements:
(a) Have obtained
			 unsubsidized paid employment and reported it timely in accordance with TANF
			 program requirements (OAR
			 461-170-0011).
(b) Have been a JOBS eligible or JOBS
			 volunteer (see OAR 461-130-0310) individual who
			 closed TANF for one of the following reasons:
(A) Became ineligible for the Pre-TANF, SFPSS
			 or TANF programs due to income above the applicable income standard in OAR
			 461-155-0030.
(B) Became ineligible for the Pre-TANF, SFPSS
			 or TANF programs due to TANF benefit amount being less than $10.00 in
			 accordance with OAR 461-135-0070.
(C) Became ineligible for the SFPSS or TANF
			 programs at renewal due to anticipated income above the applicable income
			 standard in OAR 461-155-0030.
(D) Voluntarily closed TANF to avoid accruing
			 time toward the time limit in OAR
			 461-135-0071.
(E) Voluntarily closed TANF to be eligible
			 for TBA (see OAR 461-135-0506).
(c) Meet the TANF residency requirements in
			 OAR 461-120-0010.
(d) Remain at or below 350 percent FPL in OAR
			 461-155-0180.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1501 - Renembered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  411.806 -
				  411.845
Statutes/Other Implemented: ORS
				  411.806 -
				  411.845
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1511 - Pandemic Electronic Benefits Transfer (P-EBT)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OARs
			 461-135-1511 through
			 461-135-1515 apply to Pandemic
			 Electronic Benefits Transfer (P-EBT). Except as provided for in OARs
			 461-135-1511 through
			 461-135-1515, P-EBT is not
			 subject to Chapter 461 rules.
(2)
			 P-EBT is a food benefit intended to reimburse eligible individuals for the
			 value of the free or reduced-priced meals and snacks usually provided at school
			 or child care centers. Any person using an Electronic Benefits Transfer (EBT)
			 card issued on behalf of a P-EBT eligible individual shall spend the P-EBT
			 benefits to provide meals and snacks to the P-EBT eligible
			 individual.
(3) Although P-EBT
			 benefits are issued to an EBT account linked to an EBT card, P-EBT is separate
			 and apart from the SNAP program.
(4) P-EBT is administered in partnership
			 between ODHS and the Oregon Department of Education Child Nutrition
			 Program.
(5) The following
			 definitions apply to OAR
			 461-135-1511 to
			 461-135-1515:
(a) "FNS" refers to the Food and Nutrition
			 Service, United States Department of Agriculture.
(b) "NSLP" refers to the National School
			 Lunch Program.
(c) "NSLP school"
			 refers to an Oregon public school, nonprofit private school, or residential
			 child care institution that is a sponsor of the National School Lunch Program
			 (NSLP).
(d) "NSLP students" and
			 "NSLP student" refer to individuals enrolled in Oregon public schools,
			 nonprofit private schools, or residential child care institutions that provide
			 meal service as a sponsored National School Lunch Program (NSLP)
			 school.
(e) "ODE" refers to the
			 Oregon Department of Education.
(f)
			 "P-EBT" refers to Pandemic Electronic Benefits Transfer.
(g) "SNAP participants" and "SNAP
			 participant" refer to individuals who are a member of a SNAP
filing
			 group
(see OAR
			 461-110-0370) that received more
			 than $0 in SNAP benefits.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1512 - Application and Eligibility; P-EBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program Period
			 September 2022 through May 2023 (School Year 2022-2023)
(a) There is no application for P-EBT program
			 period September 2022 through May 2023.
(b) Children will be eligible for P-EBT in
			 each month from September 2022 to May 2023 based on the following criteria:
(A) Were part of a household that received
			 more than $0 in SNAP for at least one month between September 2022 and May 11,
			 2023; and
(B) Under six years of
			 age.
(c) Children that
			 were part of a household that applied for SNAP benefits on or after May 12,
			 2023, are not eligible for P-EBT
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1513 - Benefit Amount and Issuance of Benefit; P-EBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program Period
			 September 2022 through May 2023 (School Year 2022-2023)
(a) P-EBT Benefit Standard
(A) The monthly P-EBT benefit is $64 for each
			 month a child is eligible within the program period September 2022 through
			 April 2023.
(B) The monthly P-EBT
			 benefit is $29 for a child that is eligible for the program for May
			 2023
(C) P-EBT benefits will be
			 issued to the SNAP case of which the child was a
filing group
(see OAR 461-110-0370) member.
(D) P-EBT benefits will be issued through a
			 batch issuance.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1514 - Benefit Access and Use; P-EBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) P-EBT benefit
			 eligibility is based solely on the individual circumstances of the child,
			 therefore, P-EBT benefits issued to an EBT account are to be used to provide
			 meals and snacks for the P-EBT eligible individual.
(2) For P-EBT benefits issued by EBT:
(a) The Department considers benefits
			 received when an EBT card has been received, a personal identification number
			 (PIN) has been selected, and the benefits have been issued and made available
			 to the individual in their EBT account.
(b) The Department considers benefits
			 available as provided under OAR
			 461-165-0100.
(c) Unused benefits remain available for
			 client access for 274 days from the date the benefits were made available in
			 the EBT account.
(d) Unused
			 benefits are expunged by the oldest benefit allotment after 274 days if none of
			 the benefits have been used during 274 days. "Used" includes a purchase or
			 withdrawal of any amount.
(e) If
			 benefit expungement is delayed past the required 274 days for any reason, all
			 unused benefits that have reached or exceeded the 274 days shall be expunged at
			 the earliest date possible.
(f)
			 Expunged benefits shall not be restored to the client.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-1515 - Hearings, Claims, and Liability; P-EBT

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Excepting an
overpayment
(see OAR 461-195-0501) or an intentional
			 program violation (see OAR
			 461-195-0601), there is no right
			 to a contested case hearing to dispute P-EBT and no right to continuing
			 benefits. The Department adopts the general hearings rule provisions (see
			 division 025 of Chapter 461) for allowed contested case hearings.
(2) The Department adopts the SNAP program
			 intentional program violation rule provisions (see OARs
			 461-195-0601 through
			 461-195-0621) for P-EBT when an
			 individual:
(a) Accesses or uses P-EBT
			 benefits outside of intended access or use under OARs
			 461-135-1511(2)
			 or 461-135-1514(1),
(b) Makes a false or misleading statement;
			 misrepresents, conceals or withholds a fact relating to use, presentation,
			 transfer, acquisition, receipt, or possession; or traffics P-EBT (as defined
			 under "trafficking" (see OAR
			 461-195-0601(2))
			 for the SNAP program), or
(c)
			 Commits any act that constitutes a violation of P-EBT FNS regulations, or any
			 state statute relating to the use, presentation, transfer, acquisition,
			 receipt, possession, or trafficking of benefits.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0010 - Assets; Income and Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An available asset, either income or a resource, is categorized as either
			 excluded or countable (defined in OAR
			 461-001-0000).
(2) The availability of resources is covered
			 in OAR 461-140-0020.
(3) The availability of income is covered in
			 OAR 461-140-0040.
(4) Excluded assets are identified in the
			 rules in this chapter (see divisions 140 and 145 in particular) and are not
			 considered when a client's eligibility and benefit level are determined.
(5) In the OSIP, OSIPM, and QMB
			 programs, an asset excluded pursuant to a rule in OAR Chapter 461 remains
			 excluded as long as the asset is used in a manner consistent with the rule that
			 provided the exclusion.
(6) An
			 available asset not specifically excluded is countable, and its value is used
			 in determining the eligibility and benefit level of a client.
(7) An asset may not be counted as a resource
			 and as income in the same month.
Stat. Auth: ORS
				  411.060,
				  411.070,
				  411.816,
				  412.049
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.816,
				  412.049
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0020 - Availability of Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in sections (2) to (4) of this rule:
(a) In the SNAP program, a resource owned
			 jointly by a client and another individual is available in its entirety to the
			 client.
(b) In all other programs,
			 jointly-owned resources are available to members of a
financial
			 group
(see OAR
			 461-110-0530) only to the extent
			 they own the resource. For the purposes of this rule, "liquid resources" means
			 cash as well as other resources that can be converted to cash within 20
			 business days.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0040 - Determining Availability of Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule describes the date income is
			 considered available, what amount of income is considered available, and
			 situations in which income is considered unavailable.
(2) Income is considered available the date
			 it is received or the date a member of the
financial group
(see OAR 461-110-0530) has a legal right
			 to the payment and the legal ability to make it available, whichever is
			 earlier, except as follows:
(a) Income
			 usually paid monthly or on some other regular payment schedule is considered
			 available on the regular payment date if the date of payment is changed because
			 of a holiday or weekend.
(b) Income
			 withheld or diverted at the request of an individual is considered available on
			 the date the income would have been paid without the withholding or
			 diversion.
(c) An advance or draw
			 of earned income is considered available on the date it is received.
(d) Income that is averaged, annualized,
			 converted, or prorated is considered available throughout the period for which
			 the calculation applies.
(e) A
			 payment due to a member of the
financial group
, but paid to a
			 third party for a household expense, is considered available when the third
			 party receives the payment.
(f) In
			 prospective budgeting, income is considered available in the month the income
			 is expected to be received (see OAR
			 461-150-0020).
(g) In the OSIP, OSIPM, and QMB programs,
			 except for self-employment (see OAR
			 461-145-0915), wages that are
			 earned in one period of time but paid in another are considered available when
			 they are received, such as a teacher who works for nine months but is paid over
			 twelve.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0070 - Treatment of Excluded Assets

Current through Register Vol. 63, No. 7, July 1, 2024
Unless stated otherwise in another rule in this chapter of
				rules:
(1) In the OSIP, OSIPM, and QMB
			 programs:
(a) Excludable funds must be
			 identifiable in order to be excluded. Identifiable does not require that
			 excluded funds be kept physically apart from other funds.
(b) In the OSIP and OSIPM programs:
(A) There is a rebuttable presumption that
			 when withdrawals are made from an account with commingled funds non-excluded
			 funds are withdrawn first.
(B) If
			 excluded funds are withdrawn, the excluded funds left in the account may be
			 added to only by deposits of subsequently received funds that are excluded
			 under the same rule or another rule in this chapter of rules.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0110 - Treatment of Periodic Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In the SNAP and TANF programs, for a filing group (see OAR
			 461-110-0330 and
			 461-110-0370) that includes at
			 least one member who is working under a TANF JOBS Plus agreement,
periodic income
(see OAR
			 461-001-0000) is
			 excluded.
(2) In the REF, SNAP, and
			 TANF programs, for filing groups not covered under section (1) of this rule,
periodic income
is averaged over the applicable
			 period.
(3) In the OSIPM and QMB
			 programs,
periodic income
is averaged over the applicable
			 period, except as follows:
(a) A new source
			 of
periodic income
received or expected to be received in any
			 month following the month containing the
date of request
(see
			 OAR 461-115-0030) is not averaged
			 and counted until the first month it is received following the month containing
			 the
date of request
.
(b) When determining
countable
(see OAR
			 461-001-0000) income for
			 retroactive eligibility:
(A) Any ongoing
periodic income
received in a retroactive month is
			 averaged.
(B) A new source of
periodic income
received in a retroactive month is averaged
			 from the month of receipt forward.
(c) When determining
countable
income for the purposes of eligibility, the
			 following exclusions apply to the total amount of combined
periodic
			 income
and
lump-sum income
(see OAR
			 461-001-0000) received by an
			 individual each month, including non-applying spouses and children:
(A) A $10 monthly exclusion from earned
			 income.
(B) A $20 monthly exclusion
			 from unearned income.
(d)
			 For purposes of calculating patient liability under OAR
			 461-160-0620:
(A) Any
periodic income
received in a month prior to the month containing the
date of
			 request
for services is excluded.
(B) Any
periodic income
received or expected to be received in the month containing the
date of
			 request
for services, is not averaged and counted until the next time
			 it is received after the month containing the
date of
			 request.
(C) For purposes
			 of counting
periodic income
and calculating liability, an
			 individual is not considered to have a break in services when the individual is
			 admitted to a nursing facility or hospital and begins receiving services again
			 upon discharge.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0120 - Availability and Treatment of Lump-Sum Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Lump-sum income
(see OAR
			 461-001-0000) is treated as
			 follows if it is received by a member of a
financial group
(see OAR 461-110-0530).
(2) In the EA, REF, REFM, SNAP, and TANF
			 programs:
(a)
Lump-sum
			 income
is a resource.
(b)
			 In the EA, REF, REFM, and TANF programs:
(A)
Lump-sum income
is considered available to the
financial group
when a member of the group receives the income
			 and until the income becomes unavailable for a reason beyond the group's
			 control.
(B)
Lump-sum
			 income
is considered unavailable for a reason beyond the group's
			 control if the member who received the
lump-sum income
:
(i) Leaves the
financial
			 group
before spending any of the
lump-sum income
;
			 or
(ii) Spends the
lump-sum
			 income
on an immediate basic need or
			 emergency.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0210 - Asset Transfer; General Information and Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 461-140-0210 to
			 461-140-0300 regulate the effect
			 of a transfer of an asset on an individual.
(2) If an asset is transferred during the
			 periods of time listed in section (4) or (5) of this rule and if the transfer
			 is made in whole or in part for the purpose of establishing or maintaining
			 eligibility for benefits:
(a) In the REF and
			 REFM programs, the filing group is disqualified if a member of the
financial group
(see OAR
			 461-110-0530) transferred the
			 asset while that member was in the U.S. and the asset was located in the
			 U.S.
(b) In the REF, REFM, SNAP,
			 and TANF programs, the filing group is disqualified if:
(A) The asset was a resource; and
(B) A member of the
financial
			 group
transferred the resource.
(c) In the OSIP and OSIPM programs, an
			 individual in a
nonstandard living arrangement
(see OAR
			 461-001-0000) is disqualified if
			 the individual or the spouse of the individual transferred the
			 asset.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0220 - Determining if a Transfer of an Asset is Disqualifying

Current through Register Vol. 63, No. 7, July 1, 2024
A transfer of an asset is not disqualifying if the requirements
				of OAR 461-140-0242 or one of the
				following sections are met:
(1) The
			 asset was excluded as personal belongings as described in OAR
			 461-145-0390.
(2) The asset was sold or traded for
			 compensation equal to or greater than fair market value.
(3) Except in the OSIPM program, the asset
			 was transferred between members of the same financial group, including members
			 who are ineligible noncitizens or disqualified people.
(4) The transfer settled a legally
			 enforceable claim against the asset or individual.
(5) The amount of the resource was equal to
			 or less than the amount that was excluded at the
initial month
(see OAR 461-001-0000) of eligibility
			 under OAR 461-160-0855 due to payments
			 received under a
qualified partnership policy
(see OAR
			 461-001-0000).
(6) In all programs except the OSIP and OSIPM
			 programs, a court ordered the transfer.
(7) In the OSIP and OSIPM programs, a court
			 ordered the transfer and:
(a) The transfer
			 occurs more than 36 months or 60 months before the
date of
			 request
(see OAR
			 461-115-0030), whichever is
			 applicable under OAR 461-140-0210(5);
			 or
(b) There is an
			 institutionalized spouse, and, after performing the calculations required in
			 OAR 461-160-0580(2),
			 the amount of resources allocated to a community spouse does not exceed the
			 largest of the four amounts set forth in OAR
			 461-160-0580(2)(f).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0242 - Disqualifying Transfer of Assets Including Home; OSIP and OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020, for an individual in a
				nonstandard living arrangement (see OAR
				461-001-0000) in the OSIP and
				OSIPM programs:
(1) For the purposes
			 of this rule:
(a) The definition of "child" in
			 OAR 461-001-0000 does not
			 apply.
(b) "Child" means a natural
			 or adoptive son or daughter who is:
(A) Under
			 age 21; or
(B) Any age and has been
			 determined to meet the blindness criteria of OAR
			 461-125-0330 or the disability
			 criteria of OAR 461-125-0370.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 140 - GENERAL FINANCIAL ELIGIBILITY › Section 461-140-0250 - Determining The Uncompensated Value of a Transferred Asset

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
(1) The uncompensated value of a
			 disqualifying transfer of an asset is used in OAR
			 461-140-0260 to
			 461-140-0300 to calculate the
			 ineligibility period of the financial group (see OAR
			 461-110-0530).
(2) To determine uncompensated value:
(a) In the OSIP and OSIPM programs:
(A) The value of the compensation received
			 for the asset is subtracted from the
fair market value
(see
			 OAR 461-001-0000) of the asset.
(i) For transfers made on or after the Date
			 of Request for
long-term care
(see OAR
			 461-001-0000) or
home
			 and community-based care
(see OAR
			 461-001-0030), this result is
			 the uncompensated value.
(ii) For
			 transfers made before the date of request for
long-term care
(see OAR 461-001-0000) or
home
			 and community-based care
(see OAR
			 461-001-0030), this result is
			 the uncompensated value unless the
financial group
had
countable
(see OAR
			 461-001-0000) resources of less
			 than the resource limit at the time of the first transfer. If the
financial group
had
countable
resources of
			 less than the resource limit in OAR
			 461-160-0015 at the time of the
			 first transfer. In that event the remainder (the resource limit minus the
countable
resources) is then credited by adding it to the
			 other compensation received for the asset.