Oregon Administrative Code

461-135-0845 Valuation of Life Estate, Reversionary Interest, and Property (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 b…

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 (1) The forms set forth in this rule are adopted in accordance with ORS 93.268, 205.246, and 411.692. (2) Request for…

461-135-0850 Specific Requirements; Repatriate Program (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…

461-135-0875 Specific Requirements; Retroactive Eligibility (1) Individuals are evaluated for retroactive eligibility as follows: (a) In the Oregon Supplemental Income Program Medical (OSIPM), when individuals received Medicaid-covered medical services prior to the date of reques…

461-135-0880 OSIPM and QMB Programs; COVID-19 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)…

461-135-0900 Specific Requirements; REF, REFM (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 Refugee Assistance (REF) and Refugee Assista…

461-135-0910 Unaccompanied Minor Program; REF, REFM 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 …

461-135-0915 Specific Requirements; REF 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, exercisi…

461-135-0920 Refugees Applying for Supplemental Security Income (SSI) (1) Refugee Assistance (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 Supplemental Security Income (SSI). REF …

461-135-0930 Medical Coverage for Refugees; REFM (1) Benefits in the Refugee Assistance Medical (REFM) program are the same medical coverage as any Medicaid or CHIP program, except the Qualified Medicare Beneficiaries (QMB) program. (2) An individual is not required to meet the f…

461-135-0950 Eligibility for Residents of Public Institutions (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 in…

461-135-0990 Specific Requirements; Reimbursement of Cost-Effective, Employer-Sponsored Health Insurance Premiums (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…

461-135-1080 Specific Requirements; OSIPM-Healthier Oregon (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 st…

461-135-1175 Senior Farm Direct Nutrition Program (1) The Senior Farm Direct Nutrition Program (SFDNP) provides farm direct checks to low income individuals. (2) An individual is eligible for SFDNP if the individual meets all of the following eligibility criteria on April 1 of th…

461-135-1185 Low-Income Subsidy Program (LIS) 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, ded…

461-135-1186 LIS Applications 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 applican…

461-135-1187 Eligibility Determinations and Due Process for LIS (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 redeterminatio…

461-135-1195 Specific Requirements; SFPSS Eligibility 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 be…

461-135-1197 Good Cause; SFPSS 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 determin…

461-135-1200 Specific Requirements; TA-DVS (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 viole…

461-135-1230 Benefits; TA-DVS 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 overla…

461-135-1235 TA-DVS; Right to Hearing 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 dis…

461-135-1240 TA-DVS Program; Pandemic 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, 40…

461-135-1250 Closure of Post-TANF Program 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 …

461-135-1260 Specific Requirements: Job Participation Incentive (1) Eligibility for the Job Participation Incentive (JPI) program is subject to the availability of funds. The Department (see OAR 461-001-0000) may suspend the program whenever the Department determines that suffici…

461-135-1270 Specific Requirements; Employment Payments (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)…

461-135-1511 Pandemic Electronic Benefits Transfer (P-EBT) (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 …

461-135-1512 Application and Eligibility; P-EBT (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 20…

461-135-1513 Benefit Amount and Issuance of Benefit; P-EBT (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 throug…

461-135-1514 Benefit Access and Use; P-EBT (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 be…

461-135-1515 Hearings, Claims, and Liability; P-EBT (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 a…

461-140-0010 Assets; Income and Resources (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…

461-140-0020 Availability of Resources (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 a…

461-140-0040 Determining Availability of Income (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 …

461-140-0070 Treatment of Excluded Assets 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 physi…

461-140-0110 Treatment of Periodic Income (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 th…

461-140-0120 Availability and Treatment of Lump-Sum Income (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 resou…

461-140-0210 Asset Transfer; General Information and Timelines (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 trans…

461-140-0220 Determining if a Transfer of an Asset is Disqualifying 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…

461-140-0242 Disqualifying Transfer of Assets Including Home; OSIP and OSIPM For an individual in a nonstandard living arrangement (see OAR 461-001-0000) in the Oregon Supplemental Income Program (OSIP) and Oregon Supplemental Income Program Medical (OSIPM) programs: (1) For the …

461-140-0250 Determining The Uncompensated Value of a Transferred Asset 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 gro…

461-140-0260 Disqualification Due to a Resource Transfer; SNAP In the SNAP program: (1) A financial group disqualified due to the transfer of a resource (described in OAR 461-140-0210 or 461-140-0220) is disqualified from receiving benefits starting on the date of the denial of b…

461-140-0263 Loss of Eligibility Due to Lottery or Gambling Winnings, SNAP In the SNAP Program: (1) A filing group (see OAR 461-110-0370) shall immediately lose SNAP benefit eligibility (see OAR 461-001-0000), and be sent proper decision notice (see OAR 461-001-0000), due to lott…

461-140-0266 Court Ordered Child Support Exclusion; SNAP Effective January 19, 2023, in the SNAP program: (1) Notwithstanding other rules in Chapter 461, child support payments made by a member of the filing group, including cash medical support and arrearages, are excluded to de…

461-140-0270 Disqualification Due to An Asset Transfer; REF, REFM, TANF In the REF, REFM, and TANF programs: (1) A financial group (see OAR 461-110-0530) in which a member is disqualified due to the transfer of an asset is disqualified for the number of months equal to the uncomp…

461-140-0296 Length of Disqualification Due to an Asset Transfer; Nursing Facility Services or Home and Community-Based Care (1) This rule applies to individuals applying for or receiving Department-paid nursing facility services or home and community-based care (see OAR 461-001-…

461-140-0300 Adjustments to the Disqualification for Asset Transfer (1) The disqualification imposed under OAR 461-140-0260 is not adjusted once applied in the Supplemental Nutrition Assistance Program (SNAP). (2) In all other programs, the disqualification is voided if the trans…

461-145-0000 Achieving a Better Life Experience (ABLE) Act (1) In all programs, funds held in ABLE Act accounts are excluded as resources. (2) In all programs except the OSIP, OSIPM, and QMB programs, monies withdrawn from ABLE Act accounts are excluded as income if they are used…

461-145-0001 Adoption Assistance (1) In all programs except the SNAP and TANF programs, adoption assistance (see OAR 461-001-0000) is treated as follows: (a) The portion of adoption assistance that is for the special needs of the child is excluded, including needs such as special…

461-145-0005 Agent Orange Disability Benefits (1) For all programs except OSIP, OSIPM, and QMB: (a) Benefits from the Agent Orange Settlement Fund made by Aetna Life and Casualty for settling Agent Orange disability claims are excluded. (b) Payments made under the Agent Orange Ac…