Title 34, Human Services; Juvenile Code; Corrections

(1) A medical assistance recipient shall immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income or other change in circumstances that directly affects the eligibility of the recipient to …

In addition to the requirements in ORS 414.605 (3) and 414.712 (5), if the Oregon Health Authority or the Department of Human Services denies a claim for medical assistance or fails to act with reasonable promptness on a claim for medical assistance, the person making the claim m…

The Oregon Health Authority and the Department of Human Services shall endeavor to develop agreements with local governments to facilitate the enrollment of medical assistance program clients. Subject to the availability of funds therefor, the agreement shall be structured to all…

(1) As used in this section: (a) “Person with a serious mental illness” means a person who is diagnosed by a psychiatrist, a licensed clinical psychologist or a certified nonmedical examiner as having dementia, schizophrenia, bipolar disorder, major depression or other affective …

(1) As used in this section, “correctional facility” means: (a) A local correctional facility as defined in ORS 169.005; (b) A Department of Corrections institution as defined in ORS 421.005; or (c) A youth correction facility as defined in ORS 162.135. (2) The Department of Huma…

When giving information concerning medical assistance, the Oregon Health Authority and the Department of Human Services shall make available to applicants or recipients materials which include at least a listing of all the healing arts licensed in this state. [Formerly 414.073; 2…

(1) In connection with any public assistance investigation or hearing, the Director of Human Services, the Director of the Oregon Health Authority or any examiner, referee or other officer duly appointed to conduct the investigation or hearing may by subpoena compel the attendanc…

(1) In case of the refusal of a witness to attend or testify or produce any papers required by such subpoena, the person designated by the subpoena as the person before whom the testimony is to be given or the papers produced, may petition the circuit court in and for the county …

Upon the filing of such a petition, the court shall enter an order, a copy of which shall be served upon the witness, directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of…

(1) If at the hearing provided for in ORS 411.596 it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the …

Any check or warrant issued by the Department of Human Services or the Oregon Health Authority to a recipient of public assistance or medical assistance who subsequently dies may be indorsed in the name of the deceased by the surviving spouse or a next of kin in the order describ…

(1) The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided a…

(1) A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance or medical assistance to which the person or other person is not entitled under state law by means of: (a) Any false representation or fraudulent …

If it reasonably appears that a recipient of public assistance or a recipient of medical assistance has assets in excess of those allowed to a recipient of such assistance under applicable federal and state statutes, rules and regulations, and it reasonably appears that such asse…

(1)(a) Medical assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the Oregon Health Authority or the Department of Human Services. (b) Public assistance improperly disbursed as a resu…

A person has received an overpayment of public assistance or medical assistance, for purposes of ORS 411.703, if the person has: (1) Received, either for the benefit of the person or for the benefit of any other person, any amount or type of public assistance or medical assistanc…

(1) If any person is convicted of a violation of any provision of ORS 411.630, any grant of public assistance made wholly or partially to meet the needs of such person shall be modified, canceled or suspended for such time and under such terms and conditions as may be prescribed …

As used in this section and ORS 411.640, 411.675 and 411.690: (1) “Claims for payment” includes bills, invoices, electronic transmissions and any other document requesting money in compensation for or reimbursement of needs which have been furnished to any public assistance or me…

A person may not obtain or attempt to obtain, for personal benefit or the benefit of another person, a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient by knowingly: (1) Submitting or causing to be submitted to the Depar…

(1) A person who accepts from the Department of Human Services or the Oregon Health Authority a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient is liable to refund or credit the amount of the payment to the department o…

As used in ORS 93.268 and 411.694, “encumbrance” means a voluntary instrument granting a security interest in the affected real property to secure a monetary obligation. [2003 c.638 §1; 2005 c.22 §279] Note: 411.692 and 411.694 were enacted into law by the Legislative Assembly bu…

(1) When an individual receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025 and the individual is the holder of record title to real property or the purchaser under a land sale contract, the Department of Human Services or the Orego…

(1) If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 to 411.845, or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case heari…

As used in this section and ORS 411.141, 411.706 and 411.708: (1) “Assistance” means: (a) Cash payments or noncash benefits provided under ORS 411.706 to or on behalf of a needy person who is a resident of this state and who is blind, has a disability or is 65 years of age or old…

(1) The Oregon Supplemental Income Program shall provide assistance according to the rules of the Department of Human Services and on the basis of need, taking into account the income and resources available to the applicant or recipient. (2) Recipients of assistance under the Or…

(1) The amount of any assistance paid under ORS 411.706 is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipie…

(1) General assistance shall be granted in accordance with the rules and regulations of the Department of Human Services and on the basis of need, taking into account the income, resources and maintenance available to the individual from whatever source derived and the necessary …

No person shall be eligible for general assistance unless the person is a resident of the State of Oregon. [Amended by 1969 c.468 §1]

The Department of Human Services shall receive all applications for general assistance, and shall determine in accordance with its rules and regulations the eligibility for and the amount of the assistance which any person shall receive. [Amended by 1955 c.613 §2; 1969 c.68 §4; 1…

The Department of Human Services shall administer and supervise the administration of general assistance and it shall prescribe the form of and supply all blank applications, reports, affidavits and such other forms as the department deems advisable. [Amended by 1969 c.597 §244; …

The Department of Human Services shall cooperate with the United States Government, departments and agencies of the State of Oregon and the counties of the state in providing general assistance, either direct relief, community work and training, medical and hospital care or other…

(1) The general assistance project is established in the Department of Human Services. The department shall conduct outreach to individuals who are likely to meet the qualification criteria for the project and provide aid and services designed to assist the individuals in securin…

The Department of Human Services shall convene an advisory group that includes individuals representing nonprofit agencies that, as part of their primary mission, advocate for and provide services to low income adults. The department shall work with the advisory group to: (1) Com…

All moneys granted under the provisions of ORS 411.060, 411.070, 411.706, 411.710 to 411.730 and 411.752 are inalienable by any assignment or transfer and are exempt from garnishment, levy or execution under the laws of this state. [Amended by 2005 c.381 §10; 2016 c.93 §6]

(1) In granting general assistance, the Department of Human Services shall apply a graduated scale that disregards a portion of a person’s income, if that income is earned in employment that is part of an approved treatment or rehabilitation program and if the person has been une…

(1) The amount of any general assistance paid under ORS chapter 411 is a claim against the property or any interest therein belonging to and a part of the estate of any deceased recipient or if there be no estate or the estate does not have sufficient assets to satisfy the claim,…

If an approved provider who is compensated by the Department of Human Services for providing in-home care to a recipient of public assistance or medical assistance marries the recipient, the department shall consider the care provided as compensable even though provided by a spou…

When a married recipient of public assistance provided under ORS 411.706 requires in-home care, the Department of Human Services shall provide that such care be compensated even though provided by the spouse, in the manner and to the extent specified by rule of the department bas…

As used in ORS 411.806 to 411.845, unless the context or a specially applicable statutory definition requires otherwise: (1) “Administrative costs” means, but is not limited to, costs in connection with: (a) Distributing supplemental nutrition assistance to recipients under the S…

(1) A tribal council of an Indian tribe may make direct distribution of food commodities to recipients. (2) With respect to food distribution programs, the Department of Human Services shall: (a) Execute agreements necessary to maintain the eligibility of this state to receive fo…

(1) The Oregon Health Authority, in partnership with the State Department of Agriculture, is authorized to operate a Farm Direct Nutrition Program to provide supplemental assistance to participants in the Women, Infants and Children Program established by ORS 413.500 for the purc…

The Department of Human Services shall adopt rules conforming to federal laws and regulations required to be observed in maintaining the eligibility of this state to receive from the federal government, and to issue supplemental nutrition assistance under the Supplemental Nutriti…

(1) The Department of Human Services shall determine and certify the eligibility of all individuals and households to receive supplemental nutrition assistance under the Supplemental Nutrition Assistance Program. (2) The department shall: (a) Issue to recipients supplemental nutr…

The Department of Human Services shall consider hours worked as a graduate assistant as hours worked in employment for the purpose of meeting employment and training or other work requirements in the Supplemental Nutrition Assistance Program. [2023 c.579 §2]

All sums received by the Department of Human Services from the federal government to assist in meeting the costs of processing applications from, and of certifying and recertifying, individuals and households under ORS 411.806 to 411.845 are hereby appropriated to the department …

(1) Any loss for which this state or its agencies may be liable to reimburse the federal government, in accordance with federal laws or regulations applicable to the Supplemental Nutrition Assistance Program, shall be paid from funds appropriated to the Department of Human Servic…

Counties, state institutions and agencies, issuing agencies, retail food outlets, wholesale food concerns, banks and all persons who participate in or administer any part of the Supplemental Nutrition Assistance Program shall comply with all state and federal laws, rules and regu…

(1) A person may not knowingly obtain or attempt to obtain, or aid or abet another person in obtaining or attempting to obtain, any supplemental nutrition assistance to which the person or such other person is not entitled to receive or use under ORS 411.806 to 411.845, or under …

(1) If any person obtains, gives, sells, trades or otherwise disposes of any supplemental nutrition assistance in violation of ORS 411.840, the district attorney shall prosecute, for and in the name of the State of Oregon, a civil action or suit to recover from such person the am…

(1) The Task Force on Maximizing Supplemental Nutrition Assistance Program Benefits is established. (2) The task force consists of members appointed by the Director of Human Services who represent the geographic and racial or ethnic diversity of this state and who have: (a) Exper…