reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0505 - Categorical Eligibility for SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals and categorical eligibility.
(a) Except as provided under section (c) of
			 this section, an individual is categorically eligible for SNAP benefits:
(A) Under original Categorical Eligibility
			 (CE) regulations:
(i) When they receive or are
			 authorized to receive, and qualify for, Temporary Assistance to Needy Families
			 (TANF) cash assistance,
(ii) When
			 they receive or are authorized to receive General Assistance (GA), or
(iii) When they receive or are authorized to
			 receive Supplemental Security Income (SSI).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0506 - Transitional Benefit Alternative (TBA) in the SNAP Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule establishes the transitional
			 benefit alternative (TBA). A client participating in TBA continues to receive
			 SNAP benefits without reduction during the transition period. The transition
			 period is five months. If the filing group (see OAR
			 461-110-0310 and
			 461-110-0370) separates into two
			 groups during the TBA period, only the group containing the head of household
			 continues in the TBA.
(2) In the
			 SNAP program, a client who receives a cash grant from the Department in the
			 SFPSS or TANF programs may participate in TBA when the benefits are stopped,
			 except as provided in section (4) of this rule.
(3) The benefit level for the transition
			 period is based on
countable
(see OAR
			 461-001-0000) income for SNAP
			 during the last month before TBA begins, but the Title IV-A grant is not
			 counted as income. Once it is established, the TBA benefit level is changed
			 only when;
(a) The filing group submits a new
			 application in the SNAP program and will receive more SNAP benefits if they are
			 not using the TBA reporting system;
(b) A member of the filing group leaves and
			 applies for SNAP benefits as a member of another household; or
(c) The Department initiates a change
			 identified in OAR 461-170-0200.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0510 - Residents of Institutions; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
Residents of institutions that provide more than 50 percent of
				three daily meals as a part of the normal services of the institution are
				ineligible for SNAP benefits, unless they fall into one of the following five
				exceptions to this rule:
(1) The
			 individual is a resident of federally subsidized housing for the elderly built
			 under either section 202 of the Housing Act of 1959 or section 236 of the
			 National Housing Act.
(2) The
			 individual, and any children also residing with the individual, resides at a
			 facility or treatment center for the purpose of regular participation in a
drug and alcohol treatment and rehabilitation program
(see OAR
			 461-001-0015) that meets the
			 following criteria:
(a) The
drug and
			 alcohol treatment and rehabilitation program
is conducted by a private
			 nonprofit organization or institution, or a publicly operated community mental
			 health center that-
(A) Qualifies under part
			 B of title XIX of the Public Health Service Act to receive funds, even if it
			 does not actually receive funding under part B of title XIX; or
(B) Is authorized as a retailer by the Food
			 and Nutrition Service (FNS).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0520 - Time Limit and Special Requirements for ABAWD; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
This rule establishes the time limit and special requirements
				for receipt of SNAP benefits for certain adults.
(1) Unless the context indicates otherwise,
			 the following definitions apply to rules in OAR chapter 461:
(a) "Able-bodied adult without dependents
			 (ABAWD)" means:
(A) Through August 31, 2023,
			 an individual 18 years of age or over, but under the age of 50, without
			 dependents.
(B) Effective September
			 1, 2023 through September 30, 2023, an individual 18 years of age or over, but
			 under the age of 51, without dependents.
(C) Effective October 1, 2023, an individual
			 18 years of age or over, but under the age of 53, without dependents.
(D) For purposes of this rule, an individual
			 is "without dependents" if there is no
minor
(see ORS
			 419B.550) in the individual's
filing group
(see OAR
			 461-110-0310 and
			 461-110-0370).
(E) For purposes of this rule, an individual
			 is not "without dependents" when -
(i) A
minor
has joined the individual's
filing
			 group
, has not yet been added to the individual's SNAP case due to
			 being on another SNAP case, and the
minor
will be added to the
			 individual's SNAP case when the notice period ends (see OAR
			 461-175-0050).
(ii) A
minor
has joined the
			 individual's
filing group
, has not yet been added to the
			 individual's SNAP case due to effective date provisions, and the
minor
will be added to the individual's SNAP case when
			 effective date provisions allow (see OAR
			 461-180-0010).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0521 - Job Quit by Applicants; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant who is required to meet the SNAP employment and training
			 requirements in OAR 461-130-0305 and
			 461-130-0315, who voluntarily
			 and without good cause (see OAR
			 461-130-0327) quits a job or
			 reduces the weekly number of hours of work to below 30, is ineligible for SNAP
			 benefits.
(2) For purposes of this
			 rule, an individual quits a job upon quitting a job of at least 30 hours a week
			 or the equivalent of 30 hours a week multiplied by the federal minimum wage.
(3) The period of ineligibility is
			 determined as follows. If the filing date falls within the 30-day period
			 following a job quit or work reduction described in sections (1) and (2) of
			 this rule, the person who quit the job or reduced work hours will be ineligible
			 during the month in which the filing date falls and for the appropriate
			 disqualification of one, three or six calendar months (see OAR
			 461-130-0330).
Stat. Auth: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0530 - People in Adult Foster Care (AFC) and Boarding Houses; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Residents of
			 commercial boarding houses are not eligible for SNAP benefits. A person
			 operating the boarding house and his or her filing group may receive benefits
			 separate from the residents.
Commercial boarding house
is
			 defined in
			 7 CFR 273.1 as
			 a commercial establishment that offers meals and lodging for compensation with
			 the intent of making a profit. The definition does not include federally
			 subsidized housing for the elderly, alcohol or drug treatment centers, group
			 homes, battered persons shelters, or homeless shelters.
(2) Residents of AFC facilities not licensed
			 by the State are not eligible for SNAP benefits. Residents of AFC facilities
			 licensed by the state must apply with their caregiver to be eligible for SNAP
			 benefits, as required by OAR
			 461-110-0370.
Stat. Auth.: ORS
				  411.816
Stats. Implemented: ORS
				  411.816
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0560 - Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision; REF, REFM, SNAP, and TANF

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
(1) An individual is ineligible for the REF,
			 REFM, SNAP, and TANF programs if the individual is a fleeing felon or in
			 violation of parole, probation, or post-prison supervision.
(2) An individual is considered a fleeing
			 felon when a law enforcement officer acting in their official capacity presents
			 a warrant conforming to one of the following National Crime Information Uniform
			 Offense Classification (NCIC) Codes:
(a)
			 Escape (4901),
(b) Flight to Avoid
			 (prosecution, confinement, etc.) (4902), or
(c) Flight-Escape (4999).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0570 - Eligible and Ineligible Students; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule and OAR
			 461-001-0015, "higher education"
			 refers to the following:
(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 those
			 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 461-135-0575 - SNAP Expedited Services

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP program:
(1) An applicant is screened for expedited
			 services except when a
filing group
(see OAR
			 461-110-0370) applies for SNAP
			 benefits before the end of its current certification. If a
filing
			 group
meets the expedited services criteria and the Department
			 determines the
filing group
is eligible for SNAP benefits, the
filing group
qualifies to receive benefits within seven days
			 following the filing date.
(2) The
filing group
meets expedited services criteria if the
filing group
:
(a) Has
			 countable income less than $150 a month and
liquid resources
that do not exceed $100;
(b) Has
			 gross income and
liquid resources
that total less than the
			 total monthly rent, or mortgage, and utilities of the household; or
(c) Is a "destitute household" as described
			 in
			 7 CFR
			 273.10(e)(3) (covering
			 migrant and seasonal farmworker households) and has
liquid
			 resources
that do not exceed $100.
(d) For purposes of this rule only, a
liquid resource
includes cash on hand, a checking or savings
			 account, a savings certificate, and a lump sum payment.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0580 - Prepared Meals; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
The following SNAP recipients and their spouses may use SNAP
				benefits to purchase meals prepared for them and delivered to them by a
				nonprofit meal-delivery service authorized by the United States Department of
				Agriculture:
(1) People age 60 or
			 over.
(2) Housebound
			 people.
(3) People who have
			 physical or other disabilities which prevent them from adequately preparing
			 their meals.
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 461-135-0590 - Communal Dining; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
For SNAP, recipients age 60 or over and their spouses, and
				those receiving SSI and their spouses, may use SNAP benefits issued to them to
				purchase meals prepared especially for them at communal dining facilities
				authorized by the United States Department of Agriculture for that
				purpose.
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 461-135-0610 - Meal Providers for Homeless Individuals; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
Homeless SNAP recipients may use their SNAP benefits to
				purchase prepared meals from meal providers who are certified by the state and
				authorized by the United States Department of Agriculture to accept SNAP
				benefits from homeless individuals.
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 461-135-0660 - SNAP; COVID-19

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions in this rule apply to the SNAP program.
(1) The Department suspends sections (2) and
			 (6) of OAR 461-135-0520.
(2) The Department amends OAR
			 461-135-0570
			 (3) as provided in section (6) of this
			 rule.
(3) Per the Families First
			 Coronavirus Act, Title 3, Section 2301:
(a)
			 SNAP time limit work requirements for ABAWDs (see OAR
			 461-135-0520) are temporarily
			 waived.
(b) ABAWDs will not be
			 subject to earning
countable months
(see OAR
			 461-135-0520).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0700 - Specific Requirements; General Assistance (GA)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, referring to
			 an individual's housing circumstances as "homeless" means any of the following:
(a) The individual does not have a fixed or
			 regular nighttime residence.
(b)
			 The individual provides the Department with verification, under OAR
			 461-115-0700, that they are
			 required to leave their place of residence within the upcoming 90 days. If the
			 individual is not able to provide documentary verification, the Department will
			 accept, on a case-by-case basis, self-attestation under the following
			 circumstances:
(A) Documentation does not
			 exist at application; or
(B)
			 Documentation is not reasonably available at application, such as in the case
			 of homelessness, domestic violence, or natural disaster.
(c) The individual's primary residence is one
			 of the following:
(A) A supervised shelter
			 that provides temporary accommodations.
(B) A halfway house or residence for
			 individuals who may become institutionalized.
(C) A temporary accommodation in another
			 individual's or family's residence for 90 days or less.
(D) A place not designed to be or ordinarily
			 used as a place for individuals to sleep, such as a hallway, bus station, or
			 similar place.
(E) A place lacking
			 consistent and operational access to essential utilities.
(F) A temporary accommodation rented or
			 leased by another person or entity, on behalf of the individual, for 90 or
			 fewer days.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0701 - Terminate GA and GAM Programs October 1, 2005

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective October 1, 2005, the General
			 Assistance (GA) and General Assistance Medical (GAM) programs are not funded.
			 Notwithstanding any other rule of the Department, these programs are closed
			 effective October 1, 2005.
(2)
			 Effective September 30, 2005, all persons eligible for or receiving benefits of
			 the GA or GAM programs become ineligible for these programs. Except as provided
			 in section (4) of this rule, the Department will not authorize or provide any
			 benefit under the GA or GAM programs after September 30, 2005.
(3) Effective October 1, 2005, all GA
			 recipients who receive medical assistance through the OSIPM program will
			 continue to receive OHP Plus benefits through the OSIPM program.
(4) Effective October 1, 2005, all recipients
			 of medical assistance through the GAM program who became ineligible for GAM on
			 September 30, 2005 because of the closure of the GAM program may receive OHP
			 benefits as follows:
(a) Clients who have
			 been determined to meet the eligibility requirements of the OSIPM program (see
			 OAR 461-125-0370 and the OSIPM
			 eligibility requirements in OAR 461 division 135) will receive the OHP Plus
			 benefits package (see OAR
			 410-120-1210(2)(a)).
(b) Clients may also receive the OHP Plus
			 benefits package for the period that:
(A) The
			 Department has not previously made a determination about whether the client
			 meets the disability requirements for OSIPM under OAR
			 461-125-0370 and the OSIPM
			 eligibility requirements in OAR 461 division 135; and
(B) A determination is still pending about
			 whether the client meets the disability requirements for OSIPM under OAR
			 461-125-0370 and the OSIPM
			 eligibility requirements in OAR 461 Division 135.
(c) Clients who do not qualify for the OHP
			 Plus benefits may be eligible for the OHP-OPU program under the eligibility
			 requirements set out in OAR 461 Division 135, and if eligible, will receive the
			 OHP Standard benefits package (see OAR
			 410-120-1210(2)(b)).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0705 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060,
				  411.710
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0708 - Criteria for Developing a Plan for Self-support; OSIP, OSIPM, and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A client and
			 the Department may develop a plan for self-support in the OSIP, OSIPM, and QMB
			 programs for a client who:
(a) Meets the
			 applicable disability or impairment criteria; and
(b) Is not eligible for SSI.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0725 - Specific Requirements; OSIPM-EPD

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for the Oregon
			 Supplemental Income Program Medical - Employed Persons with Disabilities
			 (OSIPM-EPD) program, an individual must meet all of the following:
(a) Have a
disability
, as
			 defined in OAR 461-125-0370.
(b) Have
adjusted income
(see OAR 461-001-0000) below the limit
			 provided in OAR 461-155-0250(6).
(c) Have
employment
as
			 defined in OAR 461-001-0035. Once found
			 eligible, an individual remains eligible under this subsection for the
			 OSIPM-EPD program while not working if the employer treats the individual as an
			 employee, such as when the individual is absent from the job under the
			 provisions of the Family Medical Leave Act.
(d) Not be
assumed eligible
for OSIPM, as defined in OAR
			 461-135-0010(6).
(e) Except for those in a
nonstandard
			 living arrangement
(see OAR
			 461-001-0000), not meet one of
			 the following:
(A) The income requirements for
			 OSIPM under section (3) of OAR
			 461-155-0250.
(B) The resource limits for OSIPM under
			 section (2)(a) of OAR
			 461-160-0015.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0726 - Specific Requirements; OSIPM-ICP

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for OSIPM-ICP (Independent Choices Program), a
				person must meet criteria for In-Home Services and the Independent Choices
				Program contained in OAR Chapter 411, Division 030.
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 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0730 - Specific Requirements; QMB, SMB, SMF

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following requirements apply to
			 QMB-BAS:
(a) To qualify for QMB-BAS, an
			 individual must be receiving Medicare hospital insurance under Part A. This
			 includes an individual who must pay a monthly premium to receive coverage.
(b) A client who qualifies for
			 QMB-BAS is not eligible to receive the full range of the Department's medical
			 services. QMB-BAS benefits are limited to payments toward Medicare cost-sharing
			 expenses. These expenses are:
(A) Medicare
			 Part A and Part B premiums; and
(B) Medicare Part A and Part B deductibles
			 and coinsurance up to the Department's fee schedule.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0745 - Eligibility for Individuals in Acute Care Settings; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
An individual in an acute care hospital or nursing facility is
				evaluated for Oregon Supplemental Income Program Medical (OSIPM) as
				follows:
(1) The individual must meet
			 all non-financial eligibility requirements for OSIPM.
(2) Individuals are considered in their own
household group
(see OAR
			 461-110-0210) and
filing
			 group
(see OAR
			 461-110-0410).
(3) The
financial group
(see
			 OAR 461-110-0530) consists only of
			 the individual applying for benefits, except that the
spouse
(see OAR 461-001-0000) is included in the
financial group
to determine initial eligibility as follows:
(a) At initial eligibility, the resources of
			 the spouse are considered and the provisions of OAR
			 461-160-0580 apply.
(b) The income of the spouse is not
			 considered in determining initial eligibility, and the spouse is not included
			 in any other eligibility group.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0750 - Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIPM program, an individual who does not meet the
				income requirements for OSIPM under sections (3) or (5) of OAR
				461-155-0250 and who meets the
				following requirements is subject to the OSIPM income limit specified in OAR
				461-155-0250(2):
(1) The individual meets at least one of the
			 following eligibility standards:
(a) The
			 criteria in OAR 411-015-0100 (except subsection
			 (1)(b)) regarding eligibility for nursing facility care or
home and
			 community-based care
(see OAR
			 461-001-0030).
(b) The level-of-need criteria for an
			 ICF-ID.
(c) The service eligibility
			 standards for the CIIS (Children's Intensive In-Home Services) programs in OAR
			 411-300-0100 to
			 411-300-0220.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0755 - Individuals Eligible for 1915(i) State Plan Home and Community-Based Services; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
In the OSIPM program, an individual who meets all of the
				requirements below is subject to the OSIPM income limit specified in OAR
				461-155-0250(6):
(1) The individual has been assessed by an
			 Independent and Qualified Agent (IQA) and determined eligible to receive
			 1915(i) Home and Community-Based Services (HCBS) as specified in OAR
			 410-173-0010.
(2) The individual meets one of the
			 following:
(a) Resides or will reside in a
			 24-hour behavioral health residential care setting. For purposes of this rule,
			 only the following types of treatment centers qualify as a 24-hour behavioral
			 health residential care setting:
(A) A
			 behavioral health adult foster home.
(B) A behavioral health residential treatment
			 home.
(C) A behavioral health
			 residential treatment facility.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0771 - Eligibility for OSIPM Under December 1973 Supplemental Security Income Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual is eligible for OSIPM if the individual was eligible for
			 Supplemental Security Income (SSI) in December 1973.
(2) An individual is eligible for OSIPM if
			 the individual is the essential spouse of someone eligible for OSIPM under
			 section (1) of this rule. An essential spouse is one who lives in the same
			 household and provides a service that otherwise would have to be provided by
			 some other means.
(3) An individual
			 eligible for OSIPM under this rule is considered eligible continuously since
			 December 1973.
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 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0780 - Pickle Amendment Clients; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
countable
(see OAR
			 461-001-0000) Social Security
			 Benefits (SSB) income of an individual is determined according to sections (2)
			 to (4) of this rule if the individual meets all of the following requirements:
(a) Is receiving SSB;
(b) Was eligible for and receiving
			 Supplemental Security Income (SSI) or state supplements but became ineligible
			 for those payments after April 1977; and
(c) Would be eligible for SSI or state
			 supplement if the SSB Cost-of-Living Adjustments (COLA) increases paid under
			 section 215(i) of the Social Security Act, after the last month the individual
			 was both eligible for and received SSI or a supplement and was entitled to SSB,
			 were deducted from current SSB.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0790 - Eligibility for People in an Institution Since 1973; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
A client living in an institution is eligible for OSIPM even if
				his or her income exceeds 300 percent of the full SSI payment standard for a
				person living alone if:
(1) The client
			 has continuously met the SSI eligibility criteria used in December 1973 for a
			 person living in an institution; and
(2) The client needs institutional
			 care.
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 461-135-0800 - Eligibility for 1972 COLA Clients; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
A client is eligible for OSIPM if he or she meets all
				eligibility requirements except that his or her income exceeds the income limit
				because of an SSB cost-of-living increase in July 1972, and if:
(1) The client was entitled to receive SSB in
			 August 1972 and received benefits under OSIPM or a state program for the aged,
			 blind or disabled, or were eligible for such a program; or
(2) The client would have been eligible for
			 SSB if he or she had not resided in a medical facility.
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 461-135-0820 - Eligibility for Widows and Widowers; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
A widow or widower receiving Title II benefits from the Social
				Security Administration claim of a deceased spouse or deceased former spouse is
				eligible for OSIPM if the individual meets all of the following requirements:
(1) Is not entitled to premium-free
			 Medicare Part A.
(2) Received SSI
			 the month before their Title II payments began.
(3) Would continue to be eligible for SSI
			 benefits in the absence of their Title II benefits.
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 461-135-0830 - Eligibility for Disabled Adult Children; OSIPM

Current through Register Vol. 63, No. 7, July 1, 2024
An individual is evaluated for OSIPM as a Disabled Adult Child
				if the individual meets all of the following requirements:
(1) The individual is age 18 or
			 older.
(2) The Social Security
			 Administration has determined that the individual became blind or a person with
			 a disability (as defined by SSA) before reaching the age of 22.
(3) The individual lost SSI benefits on or
			 after July 1, 1987 because the individual became eligible for Social Security
			 benefits from a parent's Social Security benefit as a result of a parent's
			 retirement, death, or disability, or because of an increase in such
			 benefits.
(4) The individual would
			 continue to be eligible for SSI in the absence of the Social Security Disabled
			 Adult Child benefit or increases to that benefit. The amount of the
			 individual's
countable
(see OAR
			 461-001-0000) income is
			 determined as follows:
(a) For an individual
			 who loses SSI as a result of receiving an initial award of Title II Disabled
			 Adult Child benefits, the original Title II Disabled Adult Child benefit
			 amount, including any subsequent COLAs, that creates ineligibility for SSI is
			 excluded.
(b) For an individual who
			 received both SSI and Title II Disabled Adult Child benefits and who lost SSI
			 as a result of receiving an increase in Title II Disabled Adult Child benefits,
			 the disregard is determined as follows:
(A)
			 For individuals who received a non-COLA-related increase to Title II Disabled
			 Adult Child benefits that created ineligibility for SSI, the amount of the
			 increase, and any subsequent COLAs, are excluded and the amount received prior
			 to the increase is used as the
countable
income
			 amount.
(B) For an individual who
			 lost SSI due to an annual Title II COLA, all COLAs received since the last
			 month that the individual was eligible for and received both Title II Disabled
			 Adult Child and SSI benefits are excluded.
(c) All other income of the individual is
			 treated according to the administrative rule for that type of asset.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0833 - Burial Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Human Services has determined that a plain and decent funeral and
			 disposition of the remains of a decedent can be arranged for an average cost of
			 $3,500. This cost includes all professional services and merchandise.
			 Preparation of the remains will be done in accord with applicable laws and
			 regulations.
(2) For individuals
			 dying on or after April 1, 2008, where the Department of Human Services is a
			 claimant in their estate and where there would be insufficient assets remaining
			 after any funeral costs to satisfy the Department's claim in full, not more
			 than $3,500 in estate assets, less any prearranged funeral trust, funds set
			 aside for burial, life insurance policies specifically identified to pay for
			 funeral expenses, or burial insurance, may be expended for funeral expenses and
			 disposition of the remains of the decedent.
(3) In instances where a pre-paid funeral
			 plan is sought to be changed for a Medicaid client after their death, and
			 pre-paid funeral funds are refunded, it is the responsibility of the funeral
			 home and the recipient(s) of the funds to inform, in writing, the Department of
			 Human Services, Estate Administration Unit, PO Box 14021, Salem, OR 97309-5024,
			 of any refund within 30 days of such action. Any monies refunded after the
			 client has died are an estate asset and subject to the claims of
			 creditors.
(4) The following items
			 are not considered professional services or merchandise and will not be
			 allowable in meeting the plain and decent funeral standard: Transportation of
			 the remains beyond the state of Oregon; and donations to charities in the
			 decedent's name. The aforementioned costs are not all-inclusive and other
			 similar charges may be denied.
Stat. Auth: ORS
				  410.070,
				  411.060,
				  411.070,
				  414.106
Stats. Implemented: ORS
				  411.620,
				  411.630,
				  411.708,
				  411.795,
				  414.105,
				  416.310,
				  416.340
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0834 - Delivery of Required Notices to the Estate Administration Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person
			 required by ORS 93.268,
			 113.038,
			 113.145,
			 114.525,
			 115.003,
			 116.093, or
			 130.370 to send notice to the
			 Oregon Department of Human Services or Oregon Health Authority must send or
			 deliver the notice to the Estate Administration Unit, Office of Payment
			 Accuracy and Recovery, Oregon Department of Human Services using one of the
			 methods in section (5) of this rule.
(2) A person required by ORS
			 114.456 to send information to
			 Oregon Department of Human Services or Oregon Health Authority must send or
			 deliver the notice to the Estate Administration Unit, Office of Payment
			 Accuracy and Recovery, Oregon Department of Human Services using one of the
			 methods in section (5) of this rule. Notices under this section (2) must also
			 include a copy of the decedent's long form death record, with cause of
			 death.
(3) If a claim submitted by
			 the Estate Administration Unit is disallowed, the notice of the disallowance,
			 required by ORS 114.540,
			 115.135, or
			 130.400, shall be mailed to the
			 Estate Administration Unit at the address in section (5)(a) of this rule,
			 unless the claim directs that the notice of disallowance be mailed to a person
			 or entity other than the Estate Administration Unit.
(4) A trustee of a trust established under
			 42 USC §
									1396p(d)(4) shall send or
			 deliver notice of any termination of the trust or account in a master trust by
			 one of the methods in section (5) of this rule.
(5) Notices under this rule may be sent to
			 the to the Estate Administration Unit, Office of Payment Accuracy and Recovery,
			 Oregon Department of Human Services, as follows:
(a) The mailing address for the Estate
			 Administration Unit is: Estate Administration Unit, PO Box 14021, Salem OR
			 97309-5024.
(b) The facsimile
			 number for the Estate Administration Unit is: (503)-378-3137.
(c) The email address for the Estate
			 Administration Unit is: EAU.notices@odhsoha.oregon.gov
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0835 - Limits on Estate Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Estate
			 Administration Unit is designated and authorized to administer the estate
			 recovery program for the Oregon Health Authority and the Department of Human
			 Services, and to present and file claims for payment. The Manager and Assistant
			 Manager of the Estate Administration Unit, Estate Administrators, Assistant
			 Estate Administrators, and Accounts Receivable Specialist are authorized to
			 present, file, and resolve claims for the Estate Administration Unit. The
			 Manager or Assistant Manager may designate other individuals to present, file,
			 or resolve claims. This rule sets out some of these claims.
(2) For the Oregon Supplemental Income
			 Program (OSIP) (see OAR
			 461-101-0010):
(a) The amount of any payments or benefits,
			 including an
overpayment
(see OAR
			 461-195-0501), are a claim
			 against the
probate estate
(see OAR
			 461-135-0832) of any deceased
			 recipient.
(b) The claim for
			 correctly paid payments or benefits under OSIP are deferred until the death of
			 the
spouse
(see OAR
			 461-001-0000) or
registered domestic partner
(see OAR
			 461-135-0832), if any, of the
			 deceased recipient.
(c) If the
			 deceased recipient has no
probate estate
, the enforcement of
			 the claim has been deferred, or there are insufficient resources in the
probate estate
to pay the claim in full, the
probate
			 estate
of the
spouse
or
registered domestic
			 partner
of the deceased recipient, if any, is charged for any payments
			 or benefits paid under OSIP to the deceased recipient, the
spouse
, or
registered domestic
			 partner
.
(d) A claim for
			 correctly paid payments or benefits under OSIP is deferred until the time that
			 there is no c
hild under age 21
(see OAR
			 461-135-0832),
child
			 with a disability
(see OAR
			 461-135-0832), or
child
			 with a visual impairment
(see OAR
			 461-135-0832).
(e) Transfers of real or personal property
			 without adequate consideration, by recipients of payments or benefits under
			 OSIP, are voidable and may be set aside under ORS
			 411.620.
(f) Except when there is a surviving
spouse
or
registered domestic partner
, or a
			 surviving
child under age 21
, a
child with a
			 disability
, or a
child with a visual impairment
, the
			 amount of any payments or benefits provided is a claim against the
estate
(see OAR
			 461-135-0832) in any
			 conservatorship proceedings and may be paid pursuant to ORS
			 125.495.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0837 - Administering Medicaid Estate Claims When the Recipient of Assistance was a Native American Indian or Alaskan Native Village Tribal Member

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department has a claim against
			 the Estate of a deceased Native American Indian or Alaskan Native Village
			 tribal member, certain exemptions from recovery apply. The following income,
			 resources and property are exempt from Medicaid estate recovery:
(a) Income and resources that are
			 specifically exempt by law from Medicaid estate recovery, such as:
(A) Interests in and income derived from
			 tribal land and other resources currently held in trust status; and
(B) Judgment funds from the Indian Claims
			 Commission and the United States Court of Federal Claims.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0838 - Administering Estate Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Department has a claim against the estate of a deceased person, EAU will be
			 responsible for recovering the claim from the estate.
(2) EAU may take necessary action to identify
			 or otherwise preserve assets so they will be available for claims against the
			 estate.
(3) EAU will determine the
			 most cost-effective way to dispose of real and personal property. EAU may
			 dispose of the property by conducting sales through licensed real estate
			 brokers, public auctions, competitive bidding, or other methods found most
			 cost-effective.
(4) When property
			 has been disposed of, EAU will credit the proceeds to the Department's claim.
			 Any amounts exceeding the claim will be available to all other claims against
			 the estate. If no other claims exist, any excess amounts will be paid to the
			 heirs or devisees, if any. Any remaining amounts revert to the Division of
			 State Lands.
Stat. Auth.: ORS
				  113.145,
				  130.370,
				  410.070,
				  411.060 &
				  411.070
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.404 &
				  411.710
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0839 - Title to Real and Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Seniors and People with Disabilities
			 Division may take title to real and personal property in performing its duties
			 under ORS 411.630,
			 411.795,
			 412.600,
			 413.200,
			 414.105, and
			 416.310. Title shall be taken in
			 the name of the Department. The Department may convey the property by deed or
			 other appropriate conveyance under procedures adopted by rule of the
			 Department:
(a) The Department is authorized
			 to convey, as Grantor, property to the Grantee through issuance of the Bargain
			 and Sale Deed or other appropriate conveyances;
(b) The Bargain and Sale Deed will be signed
			 by the Assistant Director of the Seniors and People with Disabilities Division
			 or his/her designee.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0841 - Undue Hardship Waiver Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may waive enforcement of
			 any estate recovery claim if it finds that enforcing the claim would result in
			 an undue hardship to the beneficiaries, heirs, or family members of the
			 deceased client claiming entitlement to receive the assets of the deceased
			 client.
(2) In determining whether
			 an undue hardship exists, the Department may consider the following criteria:
(a) Whether enforcement of the claim would
			 cause the waiver applicant to become eligible for assistance; and
(b) Whether enforcement of the claim would
			 cause the waiver applicant, who would otherwise be eligible for assistance, to
			 become homeless.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0843 - Establishing Legal Title, Interest or Form of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective July 18, 1995, The Legal Title
			 to or other Interest of a Person in Real or Personal Property or other Assets
			 shall be presumed to be that set forth in any Ownership Documents. The
			 presumption raised by such Ownership Documents may be rebutted by Convincing
			 Evidence that accurately reflects a Person's Legal Title to, ownership of or
			 Interest in the Real or Personal Property or other Asset. However, the
			 department shall not consider property or assets in which the decedent held
			 only bare legal title in the capacity as a trustee with no beneficial,
			 equitable, reversionary or other ownership Interest in the property or assets,
			 as property or assets in which the decedent had an Interest or held Legal
			 Title.
(2) The form of Interest
			 created by the Ownership Documents shall be governed by the law in effect at
			 the Time of Death of the jurisdiction in which the Real or Personal Property or
			 other Assets are located.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  414.105
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0844 - Procedures for Applying for Undue Hardship Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
In connection with a request for an undue hardship waiver under
				OAR 461-135-0841:
(1) The Department will provide written
			 notice of the hardship waiver rules to:
(a)
			 The personal representative or other person handling the deceased client's
			 estate, if that person is known to the Department at the time the Department
			 files its claim with the probate court. If the person handling the deceased
			 client's estate is not known to the Department, the Department will file the
			 written notice with the claim that it files with the probate court;
			 or
(b) Any beneficiary, heir or
			 family member of the deceased client who contacts the Department asserting a
			 right superior to that of the Department to receive property or other assets of
			 the deceased client unless the Department agrees that the beneficiary, heir or
			 family member's claim is superior; or
(c) Any beneficiary, heir or family member of
			 the deceased client who held an asset jointly with the deceased client at the
			 time of death, if that person is known to the Department unless the Department
			 determines that it has no right to the jointly held asset.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0845 - Valuation of Life Estate, Reversionary Interest, and Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In this rule,
			 "spouse" or "spouses":
(a) For
			 federally-funded programs, has the meaning defined in OAR
			 461-001-0000,
(b) For programs not federally-funded, has
			 the meaning defined in OAR
			 461-001-0000 but also includes a
registered domestic
partner
(see OAR
			 461-135-0832).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0847 - Forms; Request for Notice of Transfer or Encumbrance; Termination of Request for Notice of Transfer or Encumbrance; Notice of Transfer or Encumbrance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 forms set forth in this rule are adopted in accordance with ORS
			 93.268,
			 205.246, and
			 411.692.
(2) Request for Notice of Transfer or
			 Encumbrance Form; [Form not included. See ED. NOTE.]
(3) Termination of Request for Notice of
			 Transfer or Encumbrance Form; [Form not included. See ED. NOTE.]
(4) Model Form -- Notice of Transfer or
			 Encumbrance Form; [Form not included. See ED. NOTE.]
(5) These forms are available at
			 http://dhsforms.hr.state.or.us/forms/databases/findforms.htm [File Link Not
			 Available]. At the Find a form window in the Form Number field, type in the
			 four-digit form number and click on search.
Form referenced are available from the
				  agency.
Stat. Auth.: ORS
				  93.268,
				  205.246,
				  411.692
Stats. Implemented: ORS
				  93.268,
				  205.246,
				  411.692
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 135 - SPECIFIC PROGRAM REQUIREMENTS › Section 461-135-0850 - Specific Requirements; Repatriate Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "repatriate"
			 means a US citizen who has returned, or been brought back to the US because of
			 destitution, illness (including mental illness), war, threat of war, invasion,
			 or a similar crisis.
(2) To be
			 eligible for the Department's repatriation services, an individual must be
			 identified by the Department of State's International Social Services office as
			 a repatriate needing assistance.
(3) A repatriate may receive monthly loan
			 assistance equal to the monthly TANF standard for the equivalent case size (see
			 OAR 461-155-0030) for a duration of
			 time determined by the federal agency. A Repayment Agreement must be signed
			 prior to the first payment.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060