Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 70 - SUBSTITUTE CARE › Section 413-070-0949 - Guardianship Assistance Agreement Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a guardian may receive
			 guardianship assistance, there must be a negotiated written guardianship
			 assistance agreement between the Department and the potential guardian or
			 guardian signed by all parties prior to the court order establishing the legal
			 guardianship.
(2) The guardianship
			 assistance agreement must include each of the following:
(a) A statement indicating that a
			 guardianship assistance agreement remains in effect without regard to the state
			 of residency of the guardian.
(b)
			 The effective date of the guardianship assistance agreement.
(c) That the Department will pay the
			 nonrecurring guardianship expenses associated with obtaining legal guardianship
			 of the child, to the extent the nonrecurring guardianship expenses do not
			 exceed $2,000 per child.
(d) That
			 the child or young adult for whom the Department is providing a guardianship
			 assistance payment remains eligible for medical assistance provided:
(A) The guardianship remains in effect;
(B) A payment is being made; and
(C) The child or young adult is
			 placed in the United States or possession thereof.
(e) Information regarding garnishment of
			 guardianship assistance payments as set forth in OAR 413-070-0939(8).
(f) That the guardian agrees to
			 comply with the reporting requirements under OAR 413-070-0964.
(g) That the guardian understands that a
			 guardianship assistance agreement may be reviewed and the guardianship
			 assistance may be adjusted, suspended, or terminated under OAR 413-070-0974.
(h) A statement indicating that
			 the guardian understands that the provisions of ORS
			 192.558 allow the Oregon Health
			 Plan (OHP) and the OHP managed care plans without the authorization of the
			 guardian or child or young adult to exchange the following protected health
			 information for the purpose of treatment activities related to the behavioral
			 or physical health of the child or young adult when the child or young adult is
			 the recipient of OHP services:
(A) The name
			 and Medicaid recipient number of the child or young adult;
(B) The name of the hospital or medical
			 provider of the child or young adult;
(C) The Medicaid number of the hospital or
			 medical provider;
(D) Each
			 diagnosis for the child or young adult;
(E) Each treatment activity's date of
			 service;
(F) Each treatment
			 activity's procedure or revenue code;
(G) The quantity of units or services
			 provided; and
(H) Information
			 about medication prescription and monitoring.
(i) The amount of the guardianship assistance
			 and the manner in which it is to be provided.
(j) The basis and requirements for periodic
			 changes in the guardianship assistance payment, in consultation with the
			 guardian, based on the circumstances of the guardian and the needs of the child
			 or young adult.
(k) The additional
			 services and assistance for which the child or young adult and guardian are
			 eligible under the agreement and the procedure by which the guardian may apply
			 for such services.
(l) When the
			 Department has agreed to include such language, that the Department may
			 continue to provide guardianship assistance for a child or young adult when the
			 child or young adult moves out of the home of the guardian to attend college or
			 live independently.