Chapter 411 — Public Assistance

2011 EDITION

PUBLIC ASSISTANCE

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

GENERAL PROVISIONS

411.010 Definitions

411.060 Rules

411.070 Statewide standards for public assistance; rules

411.072 Public process required if waiver of federal requirement involves policy change

411.075 Family Services Review Commission; appointment; duties

411.077 County public welfare boards; appointment; term; expenses; termination

411.078 Duties of county public welfare boards

APPLICATION; DETERMINATION; RECONSIDERATION

411.081 Application required; declaration of eligibility; report on change in circumstance; recovery of assistance from SSI award

411.083 Income and resources that may be disregarded in determining eligibility; rules; presentation of fiscal analysis to Emergency Board

411.085 Reconsideration of grants of assistance

411.087 Statement required to obtain public assistance

411.089 Receipts for documents supplied by applicants and recipients

411.091 Time for issuance of recipient checks; effect of delay

411.093 Treatment of applicants and recipients; grievance procedure

NOTICE AND HEARING

411.095 Notice; hearings; rules

411.097 Content of certain notices of termination

411.099 Assessment for service eligibility

411.101 Notification procedures and standards for communications; rules

411.103 Notice by regular or electronic mail; final order by default

PAYMENTS AND DELIVERY OF SERVICES

411.116 Rules, contracts and intergovernmental agreements for providing social services to individuals

411.117 Requirements when applicants or recipients victims of domestic violence; confidentiality

411.119 Prohibition against denial of assistance based on drug conviction; exception

411.121 Local district pilot projects; rules

411.122 Department to make dependent care payments directly to providers

411.128 Acceptance of gifts and grants for scholarships

411.135 Cooperation with federal government in research and training personnel

411.137 Contributions by state and counties for medical assistance demonstration projects under ORS 411.135

FINANCING OF PUBLIC ASSISTANCE

411.141 Authorized expenditures for public assistance

411.142 Quarterly allocation of funds for each category of public assistance

411.144 Deposit of funds received for public assistance purposes; appropriation

411.146 Payment of claims; rules

411.148 Public Welfare Account

411.149 Advancements from Public Welfare Account to meet claims payable from federal funds

411.151 Revolving fund

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC ASSISTANCE

411.154 Report to Legislative Assembly

411.159 Housekeeper, homemaker or home care worker in residence of public assistance recipient not state employee; exception

411.171 Certain job referrals prohibited; eligibility not conditioned on employment at workplace involved in labor dispute

CONFIDENTIALITY OF RECORDS

411.300 Use and custody of records; rules

411.320 Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions

411.335 Prohibited use of lists or names

MEDICAL ASSISTANCE

411.400 Application for medical assistance

411.402 Documentation required for person applying for medical assistance; rules

411.404 Determination of eligibility for medical assistance; rules

411.406 Notice of change in circumstances

411.408 Hearing on eligibility for medical assistance; rules

411.431 Payment of monthly premium payments by recipients of medical assistance; rules

411.432 Exemption from payment of monthly premium payments for certain recipients of medical assistance; rules

411.435 Enrollment of medical assistance program clients; agreements with local governments

411.439 Suspension of medical assistance of persons with serious mental illness under certain circumstances

411.443 Suspension of medical assistance for pregnant women who are incarcerated

411.445 Conditions for coverage for pregnant women who are incarcerated

411.463 Availability of information on all licensed healing arts

411.580 Scholarships and grants for recipients

INVESTIGATIONS AND RECOVERY OF ASSISTANCE

411.593 Public assistance investigations; power to subpoena, administer oaths, take depositions and fix witness fees

411.594 Petition for enforcement of subpoena issued under ORS 411.593

411.596 Court order to show cause issued upon filing of petition for enforcement of subpoena

411.597 Court may compel appearance of witness before petitioner

411.610 Indorsement by others of public assistance checks or warrants payable to deceased recipient; disposition of proceeds

411.620 Recovery of public assistance obtained or disposed of unlawfully

411.630 Unlawfully obtaining public assistance

411.632 Relief where assets transferred, removed or secreted

411.635 Recovery of improperly disbursed public assistance

411.640 Overpayments of public assistance

411.660 Modification, cancellation or suspension of public assistance

411.670 Definitions for ORS 411.640, 411.670, 411.675 and 411.690

411.675 Submitting wrongful claim for payment

411.690 Liability of person wrongfully receiving payment; amount of recovery; rules

411.692 Definition for ORS 93.268 and 411.694

411.694 Request for notice of transfer or encumbrance of real property held by recipient; rules

411.703 Issuance of warrants for overpayment of public or nutrition assistance

OREGON SUPPLEMENTAL INCOME PROGRAM

411.704 Definitions for ORS 411.141, 411.706 and 411.708

411.706 Oregon Supplemental Income Program

411.708 Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable

GENERAL ASSISTANCE

411.710 Basis for granting general assistance; rules

411.720 Residence required of applicants for general assistance

411.730 Application for general assistance; determination of eligibility and amount of grant

411.740 General assistance administration

411.750 Cooperation with federal government in providing general assistance

411.760 Assistance grants are inalienable

411.790 Assistance to certain persons receiving employment income

411.795 Claim against estate of deceased recipient of general assistance

SPOUSAL CARE

411.802 Compensation for in-home care by spouse

411.803 When spouse may be compensated for in-home care

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

411.806 Definitions for ORS 411.806 to 411.845

411.811 Distribution by tribal councils; duties of department with respect to food distribution programs; rules

411.816 Eligibility for and amount of assistance; rules

411.818 Disregard of cost-of-living adjustment; rules

411.825 Administration of Supplemental Nutrition Assistance Program

411.827 Appropriation of sums received from federal government

411.830 Payment of losses from program

411.837 Compliance with state and federal laws required

411.840 Unlawfully obtaining or disposing of supplemental nutrition assistance

411.845 Prosecution; costs; accounting

COMMUNITY WORK AND TRAINING PROGRAMS

411.855 Definitions for ORS 411.855 to 411.870

411.860 Community work and training programs authorized for general assistance applicants or recipients

411.865 Denial of general assistance to applicants or recipients for failing to participate in community work program; causes; rules

411.870 Approval of programs; rules

411.875 Status of applicants, recipients, beneficiaries and trainees under community work and training program; workers’ compensation coverage

JOBS PLUS PROGRAM

411.877 Definitions for program

411.878 Intent; state program creation; rules

411.880 Exemptions and waivers from federal law to be obtained

411.882 Maximizing use of federal grants and apportionments

411.886 JOBS Plus Advisory Board; duties; membership

411.888 Vacancies on board; chairperson; meetings

411.889 Contracting with private institutions

411.890 JOBS Plus Implementation Council; duties; membership

411.892 Employer eligibility; job requirements; program participant eligibility; termination of participation; job assignment; exemptions; wages; reimbursement of employers

411.894 Oregon JOBS Individual Education Account; employer contribution; participant access; administered by Oregon Student Access Commission

411.896 Annual report on program

DISPLACED HOMEMAKERS

411.900 Definitions for ORS 411.900 to 411.910

411.905 Programs for displaced homemakers; scope of activities

411.910 Contracts with public and private agencies to carry out programs

PUBLIC ASSISTANCE ACCESSIBILITY

411.965 Policy on program accessibility

411.967 Forms and notices to be in plain language

411.969 Informational materials for applicants

411.970 When bilingual services required

PENALTIES

411.990 Penalties

Note: 414.025 contains definitions for ORS chapter 411.

GENERAL PROVISIONS

411.010 Definitions. As used in this chapter and in other statutes providing for assistance and services to needy persons, unless the context or a specially applicable statutory definition requires otherwise:

(1) “General assistance” means assistance or service of any character provided to needy persons not otherwise provided for to the extent of such need and the availability of funds, including medical, surgical and hospital or other remedial care.

(2) “Public assistance” means the following types of assistance:

(a) Temporary assistance for needy families granted under ORS 412.001 to 412.069 and 418.647;

(b) General assistance granted under ORS 411.710 to 411.730;

(d) Assistance provided by the Oregon Supplemental Income Program;

(e) General assistance other than general assistance granted under ORS 411.710 to 411.730; and

(f) Any other functions, except the administration of medical assistance by the Oregon Health Authority, that may be delegated to the Director of Human Services by or in accordance with federal and state laws. [Amended by 1961 c.620 §1; 1963 c.599 §1; 1965 c.556 §15; 1969 c.597 §228; 1971 c.779 §7; 1973 c.464 §1; 1997 c.581 §4; 2005 c.381 §4; 2011 c.720 §90]

411.040 [1969 c.597 §227; 1983 c.740 §140; 1999 c.59 §106; repealed by 2001 c.900 §261]

411.050 [Amended by 1969 c.314 §34; repealed by 1969 c.597 §281]

411.060 Rules. Subject to ORS 417.300 and 417.305, the Department of Human Services shall adopt and enforce rules necessary to ensure full compliance with federal and state laws relating to public assistance programs and functions administered by the department. [Amended by 1969 c.597 §229; 1971 c.319 §8; subsection (2) enacted as 1971 c.779 §72; 1977 c.267 §17; 1989 c.834 §15; 2003 c.14 §178; 2005 c.381 §5; 2011 c.720 §91]

411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered 411.970 in 2009]

411.064 [1979 c.834 §3; repealed by 2001 c.900 §261]

411.070 Statewide standards for public assistance; rules. (1) The Oregon Health Authority and the Department of Human Services shall adopt by rule statewide uniform standards for all public assistance programs and shall effect uniform observance of the rules throughout the state.

(2) In establishing uniform statewide standards for public assistance, the department and the authority, within the limits of available funds, shall:

(a) Take into consideration all basic requirements for a standard of living compatible with decency and health, including food, shelter, clothing, fuel, public utilities, telecommunications service, medical care and other essential items and, upon the basis of investigations of the facts, shall provide budgetary guides for determining minimum costs of meeting such requirements.

(b) Develop standards for making payments and providing support services in the job opportunity and basic skills program described in ORS 412.006. [Amended by 1955 c.613 §1; 1969 c.597 §229a; 1971 c.779 §8; 1987 c.447 §129; 1991 c.122 §9; 1993 c.18 §99; 1999 c.1093 §15; 2001 c.900 §219; 2003 c.567 §3; 2007 c.861 §13; 2011 c.720 §92]

411.072 Public process required if waiver of federal requirement involves policy change. (1) As used in this section “policy change” includes any change in the operation of public assistance programs that affects recipients adversely in any substantial manner, including but not limited to the denial, reduction, modification or delay of benefits. “Policy change” does not include any procedural change that affects internal management but does not adversely and substantially affect the interest of public assistance recipients.

(2) The Department of Human Services may submit applications for waiver of federal statutory or regulatory requirements to the federal government or any agency thereof. Prior to the submission of any application for waiver that involves a policy change, and prior to implementation, the department shall do the following:

(a) Conduct a public process regarding the waiver application or application for waiver renewals;

(b) Prepare a complete summary of the testimony and written comments received during the public process;

(c) Submit the application for waiver or application for waiver renewals involving a policy change to the legislative review agency, as described in ORS 291.375, and present the summary of testimony and comments described in this section; and

(d) Give notice of the date of its appearance before the Emergency Board or the Joint Committee on Ways and Means in accordance with ORS 183.335, and before the Family Services Review Commission. [Formerly 411.595; 2011 c.720 §93]

Note: 411.072 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.075 Family Services Review Commission; appointment; duties. (1) There is established the Family Services Review Commission consisting of 16 members. The members shall be appointed by the Governor for a term of four years. In making the appointments, the Governor shall consider representatives of county public welfare boards, as well as representatives from all of the congressional districts. Four members shall be recipients or former recipients of cash or self-sufficiency-related services from the Department of Human Services. Four members shall be representatives of business and professional interests. Four members shall be public welfare policy specialists. Four members shall be advocates of public welfare from the state agencies or public or private organizations interested in public welfare. The commission shall receive compensation and expenses as provided in ORS 292.495.

(2) The commission shall advise and consult with the Director of Human Services in carrying out the functions of the department relating to programs and services to persons who, as a result of the person’s or the person’s family’s economic, social or health condition, require medical assistance, financial assistance, institutional care, rehabilitation, vocational rehabilitation or other social or health services. The commission shall, through its chairperson, have access to information regarding persons receiving assistance and other relevant information about self-sufficiency programs of the department. [Formerly 411.125]

Note: 411.075 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.077 County public welfare boards; appointment; term; expenses; termination. (1) A county public welfare board of not fewer than five nor more than seven members may be created within each county. The members shall be appointed by the governing body of the county, on the basis of recognized interest in and knowledge of the field of public assistance. Members of the governing body may be appointed to the board.

(2) Members shall be appointed for a term of four years. Before the expiration of the term of a member of the county public welfare board, the governing body shall appoint the successor of the member to assume the duties of the member on July 1 next following. In case of a vacancy for any cause, the governing body shall make an appointment to be immediately effective for the unexpired term. Any member of the county public welfare board may be removed by the governing body at any time for cause. The governing body shall name the chairperson of the county public welfare board.

(3) Members appointed shall receive no compensation for their services but shall be allowed the actual and necessary expenses incurred by them in attending any meeting of the Department of Human Services when such attendance is authorized by the Director of Human Services. The expenses authorized pursuant to this subsection shall be paid by the department out of the Public Welfare Account.

(4) The governing body of the county may abolish the county public welfare board upon 60 days’ notice. On the effective date stated in the notice, the county public welfare board shall be abolished and the tenure of office of members shall cease.

(5) Until the notice required in subsection (4) of this section is given, any county public welfare board in existence on November 4, 1993, shall continue and shall perform its duties under ORS 411.078. [Formerly 411.145]

Note: 411.077 and 411.078 were added to and made a part of ORS chapter 411 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.078 Duties of county public welfare boards. The county public welfare board shall:

(1) Receive information and complaints from local citizens and may at its discretion transmit such complaints to the Department of Human Services on matters relating to public assistance programs. The department shall, if requested, investigate and report on its findings pursuant to any complaint presented to it by a county public welfare board.

(2) Evaluate the effectiveness of public welfare programs in relation to local needs, determine the need and develop locally sponsored programs to augment public welfare programs, interpret public welfare programs and inform the public.

(3) Confer with local welfare offices on selection of special local programs, budget, eligibility for assistance, and other matters which will assist local offices in effectively serving local needs.

(4) Recommend changes, if any are needed, in the program or delivery of services to improve the department’s response to local problems. [Formerly 411.155]

Note: See note under 411.077.

411.080 [Amended by 1969 c.597 §230; repealed by 1971 c.319 §11]

APPLICATION; DETERMINATION; RECONSIDERATION

411.081 Application required; declaration of eligibility; report on change in circumstance; recovery of assistance from SSI award. (1) A person seeking public assistance shall file an application for public assistance with the Department of Human Services or the Oregon Health Authority. At the time of application, the applicant shall declare to the department or the authority any circumstance that directly affects the applicant’s eligibility to receive assistance or the amount of assistance available to the applicant. Upon the receipt of property or income or upon any other change in circumstances that directly affects the eligibility of the recipient to receive assistance or the amount of assistance available to the recipient, the applicant, recipient or other person in the assistance household shall immediately notify the department or the authority of the receipt or possession of such property or income, or other change in circumstances. The department or the authority shall recover from the recipient the amount of assistance improperly disbursed by reason of failure to comply with the provision of this section.

(2) The department may recover any cash assistance granted for general assistance under ORS 411.710 to 411.730, and the recipient’s portion of the aid described in ORS 412.014 (3), that has been paid to any recipient 18 years of age or older when the recipient is presently receiving or subsequently receives Supplemental Security Income. The amount of recovery shall be limited to the total amount of Supplemental Security Income that was received for the same time period that the general assistance or the aid received under ORS 412.014 was being paid.

(3) Nothing in subsection (1) or (2) of this section shall be construed as to prevent the department or the authority from entering into a compromise agreement for recovery of assistance improperly disbursed, if the department or the authority determines that the administration and collection costs involved would exceed the amount that can reasonably be expected to be recovered. [Formerly 411.105; 2011 c.46 §2; 2011 c.720 §95]

411.083 Income and resources that may be disregarded in determining eligibility; rules; presentation of fiscal analysis to Emergency Board. (1) The Department of Human Services, in consultation with the Oregon Health Authority, may prescribe by rule that income and resources may be disregarded in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414, if required by federal law or rules adopted pursuant thereto or if authorized by the Legislative Assembly, including the following:

(a) Any elderly rental assistance payments provided by ORS 310.635 or refunds in lieu of such relief shall be disregarded in determining eligibility and need.

(b) Any increase in the amount of assistance that is authorized by section 4, Public Law 93-233 (87 Stat. 953) and which is also being paid on March 5, 1974, shall be disregarded in determining eligibility and need.

(2) The department, in consultation with the authority, shall prescribe by rule that in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414:

(a) Any increase in the amount of assistance provided under Title XVI of the Social Security Act to meet changes in the cost of living that is an increase over that amount being paid on January 1, 1977, pursuant to an Act of Congress and which will first be paid after January 1, 1977, shall be disregarded.

(b) Up to $10,000 equity value of any licensed and unlicensed vehicles owned by the applicant or recipient is exempt from consideration as a resource.

(3) The department shall implement subsection (2)(b) of this section statewide to the extent possible that is consistent with federal regulation to maintain state eligibility for federal participation in public assistance programs. In the event the department determines that this policy has a net fiscal cost to the state, the department shall present the fiscal analysis to the Emergency Board for additional funding or direction to modify or suspend the policy. [Formerly 411.700; 2011 c.720 §96]

Note: 411.083 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.085 Reconsideration of grants of assistance. (1) The Department of Human Services may reconsider a grant of general assistance or a grant of public assistance only for the following purposes:

(a) To correct an inadvertent clerical or mathematical error made when determining a grant of general assistance or a grant of public assistance;

(b) To correct misinformation provided to an applicant or recipient by the department;

(d) To correct errors caused by a misapplication of the law by the department;

(e) To consider substantive changes in the applicable law; or

(f) To consider a change in circumstances that directly affects the eligibility of a recipient of general assistance or public assistance.

(2) A recipient of general assistance or public assistance may request reconsideration of a grant of general assistance or a grant of public assistance for the purposes described in subsection (1) of this section.

(3) If the department reduces, suspends or terminates a grant of general assistance or a grant of public assistance after reconsideration under subsection (1) of this section, the department shall provide an opportunity for a hearing under ORS chapter 183.

(4) Notwithstanding subsection (1) of this section, the department may conduct periodic redeterminations of eligibility of recipients of grants of general assistance or grants of public assistance and participate in audits and other review activities as required by state or federal law. [Formerly 411.111]

411.087 Statement required to obtain public assistance. (1) Every person 18 years of age or over who applies for or receives any type of general assistance or public assistance, as defined in ORS 411.010, whether the general assistance or public assistance is applied for or received for the benefit of the person or of another individual, shall execute to the Department of Human Services at the time of making the application, and at such times as may be required by the department or by the Oregon Health Authority by rule, written statements relating to each individual for whose benefit the general assistance or public assistance is applied for or received, and to any person who has a duty to support the individual, or to whom the individual owes a duty of support. The statements must include, but need not be limited to, as much of the following information, relating to each individual or other person, as may be specified or required by the department or the authority:

(a) The name of the individual, address, date and place of birth, residence, family relationships, and the composition of the household in which the individual lives;

(b) The financial circumstances of the individual and means of and ability for support of the individual and other individuals, including but not limited to information concerning:

(A) The employment of the individual and the nature and amount of the income of the individual, from whatever source derived;

(B) The tangible and intangible assets of the individual, property and resources of any nature including, but not limited to, money, real and personal property, rights and expectancies as an heir, devisee, legatee, trustee or cestui que trust, and any rights, benefits, claims or choses in action, whether arising in tort or based upon statute, contract or judgment; and

(C) Other information as may be required by the department or the authority pursuant to state or federal laws applicable to general assistance or public assistance.

(2) All applications for general assistance or public assistance and all statements referred to in subsection (1) of this section shall be upon forms prescribed and furnished by the department or the authority. Each statement shall be subscribed by each individual who executes or joins in the execution of the statement.

(3) The spouse of any individual who applies for or receives general assistance or public assistance may be required by the department or the authority to join in the execution of, or separately to execute, any statement referred to in subsection (1) of this section, under oath or affirmation, except during any period in which it appears to the department or the authority that:

(a) The individual and the spouse of the individual are estranged and are living apart;

(b) The spouse is absent from this state or the whereabouts of the spouse is unknown; or

(c) The spouse is physically or mentally incapable of executing the statement or of providing any information referred to in subsection (1) of this section. [Formerly 411.650; 2011 c.720 §97]

Note: 411.087 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.089 Receipts for documents supplied by applicants and recipients. The Department of Human Services shall provide written receipts to applicants and recipients for all documents delivered to a local office by the applicant or recipient upon the request of the applicant or recipient. [Formerly 411.972]

Note: 411.089, 411.091 and 411.093 were added to and made a part of ORS chapter 411 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.090 [Amended by 1969 c.597 §231; repealed by 2001 c.900 §261]

411.091 Time for issuance of recipient checks; effect of delay. (1) For all recipients who are on the monthly reporting system, the Department of Human Services shall have 10 calendar days from the date the department receives a complete monthly report to issue the recipient’s assistance check for that month.

(2) If the department fails to issue a check in a timely manner pursuant to this section, the recipient may request same day issuance of the check from the local office. The department shall pay the recipient a sum equal to one-tenth of the household’s monthly assistance grant if the department fails to issue the check the same day. The payment shall be treated as a resource and not counted as income by the department.

(3) As used in this section, “same day” means that the request is received by the local office before 12 noon. [Formerly 411.975]

Note: See note under 411.089.

411.093 Treatment of applicants and recipients; grievance procedure. (1) All applicants for and recipients of public assistance shall be treated in a courteous, fair and dignified manner by Department of Human Services personnel.

(2) Any applicant or recipient who alleges discourteous, unfair or undignified treatment by department personnel or alleges that incorrect or inadequate information regarding public assistance programs has been provided by department personnel may file a grievance with the department. The department shall publicize the grievance system in each local office.

(3) The grievance shall be discussed first with the supervisor of the employee against whom the grievance is filed. If the grievance is not resolved, the applicant or recipient may discuss the grievance with the local office manager.

(4) The department shall compile a monthly report summarizing each grievance filed against department personnel and the action taken. The report shall identify each grievance by local office and indicate the number of grievances filed against individual employees. The report shall protect the anonymity of department personnel. The report shall be presented to the Family Services Review Commission and to all county public welfare boards. [Formerly 411.977]

Note: See note under 411.089.

NOTICE AND HEARING

411.095 Notice; hearings; rules. (1) Except as provided in subsection (2) of this section, when the Department of Human Services changes a benefit standard that results in the reduction, suspension or closure of a grant of general assistance or a grant of public assistance, the department shall mail a notice of intended action to each recipient affected by the change at least 30 days before the effective date of the action.

(2) If the department has fewer than 60 days before the effective date to implement a proposed change described in subsection (1) of this section, the department shall mail a notice of intended action to each recipient affected by the change as soon as practicable but at least 10 working days before the effective date of the action.

(3) When the department conducts a hearing pursuant to ORS 416.310 to 416.340 and 416.510 to 416.830 and 416.990 or when the department proposes to deny, reduce, suspend or terminate a grant of general assistance, a grant of public assistance or a support service payment used to support participation in the job opportunity and basic skills program, the department shall provide an opportunity for a hearing under ORS chapter 183.

(4) When emergency assistance or the continuation of assistance pending a hearing on the reduction, suspension or termination of public assistance or a support service payment used to support participation in the job opportunity and basic skills program is denied, and the applicant for or recipient of public assistance or a support service payment requests a hearing on the denial, an expedited hearing on the denial shall be held within five working days after the request. A written decision shall be issued within three working days after the hearing is held.

(5) For purposes of this section, a reduction or termination of services resulting from an assessment for service eligibility as defined in ORS 411.099 is a grant of public assistance.

(6) Adoption of rules, conduct of hearings and issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1971 c.734 §41; 1987 c.3 §9; 2001 c.900 §247; 2003 c.243 §1; 2003 c.567 §1; 2005 c.414 §1]

411.097 Content of certain notices of termination. When the Department of Human Services terminates a grant of public assistance due to the ineligibility of a recipient or the termination of a public assistance program, the department shall include in the notice of termination a statement indicating that if circumstances affecting the eligibility of the recipient change, the recipient may contact the department and reapply for public assistance. [2005 c.692 §2]

Note: 411.097 was added to and made a part of ORS chapter 411 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

411.099 Assessment for service eligibility. (1) As used in this section:

(a) “Activities of daily living” has the meaning given that term in ORS 410.600.

(b) “Assessment for service eligibility” means a process of evaluating the functional impairment levels of an individual and an individual’s requirements for assistance in performing activities of daily living.

(2)(a) No fewer than 14 days prior to conducting a reassessment for service eligibility, the Department of Human Services shall mail a notice of the assessment process to the individual to be assessed. The notice shall include a description and explanation of the assessment process, an explanation of the process for appealing the results of the assessment and a description of the rights described in paragraph (b) of this subsection.

(b) The individual being assessed has the right to set the date, time and place of the assessment at a location that is convenient for the individual and to invite other persons to participate in the assessment.

(3) If the assessment for service eligibility results in a reduction or termination of services, the individual is entitled to an expedited hearing under ORS 411.095 (4). [2005 c.414 §2]

Note: 411.099 and 411.101 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.100 [Repealed by 1971 c.779 §78]

411.101 Notification procedures and standards for communications; rules. No later than July 1, 2006, the Department of Human Services shall adopt rules establishing notification procedures regarding reassessments for service eligibility and standards for communications between an individual being assessed, and caregivers and family of the individual being assessed, and the case managers who are responsible for implementing the notification procedures. [2005 c.414 §4]

Note: See note under 411.099.

411.103 Notice by regular or electronic mail; final order by default. (1) The Department of Human Services may serve a notice described in ORS 183.415 by regular mail or, if requested by the recipient of the notice, by electronic mail. The legal presumption described in ORS 40.135 (1)(q) does not apply to a notice that is served by regular mail under this section.

(2) Except as provided in subsection (3) of this section, a contested case notice served in accordance with subsection (1) of this section that complies with ORS 183.415 but for service by regular or electronic mail becomes a final order against a party and is not subject to ORS 183.470 (2), upon the earlier of the following:

(a) If the party fails to request a hearing, the day after the date prescribed in the notice as the deadline for requesting a hearing.

(b) The date the department or the Office of Administrative Hearings mails an order dismissing a hearing request because:

(A) The party withdraws the request for hearing; or

(B) Neither the party nor the party’s representative appears on the date and at the time set for hearing.

(3) The department shall prescribe by rule a period of not less than 60 days after a notice becomes a final order under subsection (2) of this section within which a party may request a hearing under this subsection. If a party requests a hearing within the period prescribed under this subsection, the department shall do one of the following:

(a) If the department finds that the party did not receive the written notice and did not have actual knowledge of the notice, refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding on the merits of the department’s intended action described in the notice.

(b) Refer the request for hearing to the Office of Administrative Hearings for a contested case proceeding to determine whether the party received the written notice or had actual knowledge of the notice. The department must show that the party had actual knowledge of the notice or that the department mailed the notice to the party’s correct address or sent an electronic notice to the party’s correct electronic mail address.

(4) If a party informs the department that the party did not receive a notice served by regular or electronic mail in accordance with subsection (1) of this section, the department shall advise the party of the right to request a hearing under subsection (3) of this section. [2009 c.126 §1; 2011 c.720 §98]

Note: 411.103 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.105 [1969 c.68 §3; 1975 c.178 §1; 1977 c.194 §1; 2005 c.381 §6; 2007 c.861 §9; renumbered 411.081 in 2009]

411.110 [Repealed by 1969 c.68 §1 (411.111 enacted in lieu of 411.110)]

411.111 [1969 c.68 §2 (enacted in lieu of 411.110); 2005 c.381 §29; renumbered 411.085 in 2009]

411.113 [1971 c.779 §73; 2001 c.900 §86; repealed by 2005 c.381 §30]

411.114 [1973 c.651 §2; repealed by 2005 c.381 §30]

411.115 [1957 c.572 §1; 1961 c.620 §2; 1965 c.556 §16; 1971 c.779 §9; repealed by 1975 c.180 §1 (411.116 enacted in lieu of 411.115)]

PAYMENTS AND DELIVERY OF SERVICES

411.116 Rules, contracts and intergovernmental agreements for providing social services to individuals. In addition to its other powers, the Department of Human Services may adopt rules and enter into contracts and intergovernmental agreements, subject to availability of funds therefor and consistent with federal and state law and regulations, for the purpose of providing social services, including protection, job preparation and support services, reduction of unintended pregnancy and provision of information and referrals for community, medical and social resources, to those individuals in need of, or who request such services. [1975 c.180 §2 (enacted in lieu of 411.115); 1997 c.581 §5]

411.117 Requirements when applicants or recipients victims of domestic violence; confidentiality. (1) The Department of Human Services shall:

(a) Identify applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence.

(b) Ensure that appropriate individuals on the local level who provide assistance to domestic violence victims participate in individualized case management with the department.

(d) Waive or modify any temporary assistance for needy families program requirements that may make it more difficult for individuals identified under this subsection to escape domestic violence or place those individuals at risk of further or future domestic violence, including but not limited to:

(A) Time limits on receipt of benefits;

(B) Work requirements;

(D) Residency requirements;

(E) Family cap provisions; and

(F) Penalties for failure to comply with a program requirement.

(e) Maintain emergency assistance eligibility and payment limits for victims of domestic violence or persons at risk of victimization by domestic violence identified under this section at no less than the levels in effect on January 1, 1997.

(f) Allow eligibility for temporary assistance for needy families for persons identified under this section as victims of domestic violence or persons identified as at risk of victimization by domestic violence who would otherwise be eligible except for the fact that they are noncitizens.

(2) All information received by the department in identifying the individuals described in subsection (1) of this section shall remain confidential.

(3) For purposes of this section, “domestic violence” means the occurrence of one or more of the following acts between family members, intimate partners or household members:

(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury or emotional, mental or verbal abuse;

(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury;

(d) Using coercive or controlling behavior. [1997 c.330 §2; 2011 c.9 §53]

411.118 [1997 c.330 §3; renumbered 411.154 in 2009]

411.119 Prohibition against denial of assistance based on drug conviction; exception. (1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, may not be denied assistance because the person has been convicted of a drug-related felony.

(2) The Department of Human Services may suspend a person’s supplemental nutrition assistance if:

(a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.752 (1)(a) to (c); and

(b) The person is on probation, parole or post-prison supervision and the agency supervising the person makes a recommendation to the department, pursuant to subsection (3) of this section, that the department suspend the person’s supplemental nutrition assistance.

(3) When making a recommendation to the department regarding the continuation or suspension of a person’s supplemental nutrition assistance, a supervising authority shall consider, at a minimum, whether there is reason to believe:

(a) That the person traded the person’s supplemental nutrition assistance for controlled substances; and

(b) That, as a result of the trading, a member of the person’s household who is a dependent of the person did not receive the supplemental nutrition assistance for which the member is eligible.

(4) The department shall reinstate the supplemental nutrition assistance of a person whose benefits were suspended under subsection (2) of this section if the department receives a recommendation from the supervising authority to reinstate the benefits pursuant to subsection (5) of this section.

(5) When making a recommendation to the department regarding the reinstatement of supplemental nutrition assistance, the supervising authority shall consider, at a minimum, the following:

(a) Whether members of the person’s household are also receiving supplemental nutrition assistance; and

(b) Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 §46; 2005 c.706 §22; 2009 c.599 §18]

411.120 [Amended by 1957 c.648 §1; 1961 c.600 §4; 1961 c.620 §3; 1965 c.556 §17; 1967 c.588 §3; 1969 c.123 §1; 1969 c.203 §1; 1971 c.779 §10; 1991 c.66 §1; 1995 c.343 §41; 1997 c.581 §6; 2005 c.381 §7; renumbered 411.141 in 2009]

411.121 Local district pilot projects; rules. (1) Notwithstanding ORS 411.070, the Department of Human Services is authorized to establish and implement local district pilot projects that promote the improvement of work skills, education and employability by offering client incentives that reward significant progress leading toward self-sufficiency. Client incentives offered under this section shall not exceed the equivalent of one month’s temporary assistance for needy families grant in any 12-month period. No applicant or recipient participating in a pilot program shall be disadvantaged by such participation.

(2) The department shall monitor the results of any approved pilot projects to determine the types of client incentives that result in positive client performance. Within the limit of existing funds, the department may implement statewide those client incentives that prove to be cost-effective. The department shall solicit input from clients and client advocates prior to such statewide implementation.

(3) The department shall adopt all rules necessary to implement and administer the provisions of this section. [1997 c.581 §47]

411.122 Department to make dependent care payments directly to providers. The Department of Human Services shall provide dependent care payments directly to dependent care providers for eligible families. [1989 c.1047 §1; 1995 c.278 §47]

Note: 411.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.125 [1969 c.597 §228b; 1971 c.779 §71; 1981 c.545 §8; 1991 c.10 §1; 1999 c.422 §1; 2001 c.900 §87; renumbered 411.075 in 2009]

411.128 Acceptance of gifts and grants for scholarships. (1) In addition to other funds made available for education and training of public assistance recipients, the Department of Human Services may accept gifts and grants from private sources for the purpose of providing the scholarships or grants authorized under ORS 411.580.

(2) The moneys received under subsection (1) of this section shall be deposited in a special account, separate and distinct from the General Fund, to be named the Department of Human Services Scholarship Account, which account is established. All moneys in the account and all earnings thereon are continuously appropriated to the Department of Human Services to be used together with any federal funds that may be available to provide scholarships or grants under ORS 411.580.

(3) The amount in the Department of Human Services Scholarship Account that is available after scholarships and grants under ORS 411.580 have been awarded for any period shall be reported to the Oregon Investment Council by the Department of Human Services and shall be considered investment funds within the meaning of ORS 293.701 to 293.820 and shall be invested in accordance with the standards of ORS 293.726. All earnings on such investments shall be credited to the Department of Human Services Scholarship Account. [Formerly 411.575]

411.130 [Renumbered 411.142 in 2009]

411.135 Cooperation with federal government in research and training personnel. In addition to its other powers, the Department of Human Services may:

(1) Enter into agreements with, join with or accept grants from, the federal government for cooperative research and demonstration projects for public welfare purposes, including, but not limited to, any project which:

(a) Relates to the prevention and reduction of dependency.

(b) Aids in effecting coordination of planning between private and public welfare agencies of the state.

(2) With the cooperation and the financial assistance of the federal government, train personnel employed or preparing for employment in the department. The training may be carried out in any manner, including but not limited to:

(a) Directly by the department.

(b) Indirectly through grants to public or other nonprofit institutions of learning or through grants of fellowships.

(3) Subject to the allotment system provided for in ORS 291.234 to 291.260, expend the sums required to be expended for the programs and projects described in subsections (1) and (2) of this section. [1957 c.569 §1; 1961 c.600 §5; 1969 c.597 §232; 1971 c.779 §11; 1975 c.509 §1; 1991 c.66 §2]

411.137 Contributions by state and counties for medical assistance demonstration projects under ORS 411.135. Exclusive of all sums of money contributed by the federal government for medical assistance and administration under ORS 414.033 (2) the State of Oregon shall contribute 40 percentum and the several counties of the state in which demonstration projects are operating shall each contribute 60 percentum of all sums, including administrative costs, required to be expended for such purposes in and for such respective counties. [1975 c.509 §8; 1991 c.66 §3]

411.140 [Amended by 1961 c.517 §1; repealed by 1971 c.779 §78]

FINANCING OF PUBLIC ASSISTANCE

411.141 Authorized expenditures for public assistance. The Department of Human Services may, subject to the allotment system provided for in ORS 291.234 to 291.260, expend such sums as are required to be expended in this state to provide public assistance excluding medical assistance. Expenditures for public assistance include, but are not limited to, expenditures for the following purposes:

(1) General assistance to needy persons and their dependents.

(2) Temporary assistance for needy families granted under ORS 412.001 to 412.069 and 418.647, including services to relatives with whom dependent children applying for or receiving temporary assistance for needy families are living in order to help such relatives attain the maximum self-support or self-care consistent with the maintenance of continuing parental care and protection or in order to maintain and strengthen family life for such children.

(3) Assistance provided by the Oregon Supplemental Income Program.

(4) General assistance granted under ORS 411.710 to 411.730.

(5) Carrying out the provisions of law for child welfare purposes.

(6) Scholarships or grants for qualified recipients to provide them education and professional, technical or other helpful training, payable to a publicly supported career school or educational institution on behalf of the recipient.

(7) Other purposes for which the department is authorized to expend funds, including the administration expenses of the department.

(8) Carrying out the provisions of ORS 411.116. [Formerly 411.120]

411.142 Quarterly allocation of funds for each category of public assistance. The Department of Human Services, taking into consideration the total amount of funds available for public assistance in Oregon during the biennial period beginning July 1 of each odd-numbered year, the estimated number of beneficiaries in each category thereof, current and estimated costs of essential needs to maintain a standard of living during such period compatible with decency and health and such other matters as it may deem pertinent, shall estimate and allocate the funds available for each category of public assistance on a monthly basis subject to the quarterly revisions. Changes in such allocations, if any, shall be uniform and, as nearly as practicable and considering the above factors, proportionately equal in each such category. The monthly amounts so found estimated and allocated shall be deemed to be the funds available for each category for public assistance in Oregon. [Formerly 411.130]

411.144 Deposit of funds received for public assistance purposes; appropriation. (1) The Department of Human Services shall deposit in the State Treasury to the credit of the General Fund all the amounts received by it from the United States Government or its agencies or from any other source for public assistance purposes. All such funds, together with any remaining balances of funds received for the purposes of public assistance of any type, hereby are appropriated for expenditure by the department for the type of public assistance for which such funds were granted to or received by the state or appropriated by the state, as the case may be.

(2) All moneys received from refunds, cancellations or recoveries resulting from public assistance payments made from state funds, as differentiated from federal or county funds, shall be paid into the State Treasury and credited to the Public Welfare Account and hereby are appropriated for expenditure by the department for public assistance purposes. [Formerly 411.220]

411.145 [1971 c.779 §69; 1993 c.88 §§1,2; 2001 c.900 §88; renumbered 411.077 in 2009]

411.146 Payment of claims; rules. Warrants shall be drawn by the Oregon Department of Administrative Services in favor of the Department of Human Services for the aggregate amounts of public assistance or refunds to counties duly certified by the department to be due to any person or county in such amount as may be set forth in such certification. The department shall cause to be deposited all such warrants in payment of public assistance or refunds to counties in the State Treasury in a suspense checking account for distribution to those entitled thereto and may draw its checks on the State Treasury in favor of the persons, firms, corporations, associations or counties entitled thereto under such rules as it shall promulgate so as to include in single combined payments for specified periods all moneys allotted to particular payees from various sources for said period. [Formerly 411.230]

411.148 Public Welfare Account. (1) There hereby is established in the General Fund of the State Treasury an account to be known as the Public Welfare Account. All moneys in the Public Welfare Account hereby are appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the Public Welfare Account and all appropriations from the account shall be subject to allotment made by the Oregon Department of Administrative Services.

(2) The Department of Human Services shall keep a record of all moneys credited to and deposited in the Public Welfare Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

(3) The unobligated balance in the Public Welfare Account on June 30 of each odd-numbered year shall be determined by the Department of Human Services as of September 30 following the close of each biennium and certified to the Oregon Department of Administrative Services. The amount certified pursuant to this subsection shall revert to the General Fund and become available for general governmental purposes. [Formerly 411.240]

411.149 Advancements from Public Welfare Account to meet claims payable from federal funds. Pending receipt by the State Treasurer of federal funds for the payment of public assistance, the moneys in the Public Welfare Account appropriated for expenditure by the Department of Human Services for public assistance purposes shall be expended to the extent necessary to meet claims for public assistance which otherwise would be paid from such federal funds. Upon notice that such federal funds have been received by the State Treasurer, the department shall prepare a claim against such funds for the amount advanced from the Public Welfare Account for the purposes of this section and a warrant may be drawn by the Oregon Department of Administrative Services in favor of the State Treasurer in payment of such claim, for credit to and reimbursement of the Public Welfare Account. [Formerly 411.242]

411.150 [Repealed by 1971 c.779 §78]

411.151 Revolving fund. The revolving fund in the amount of $50,000 established by warrant drawn on the State Treasurer by the Oregon Department of Administrative Services payable out of the Public Welfare Account in favor of the Department of Human Services is continued. The revolving fund shall be used by the Department of Human Services for the purpose of providing funds to pay current salaries and expenses, emergency public assistance advances and other expenses when it is necessary to make immediate cash payments. The revolving fund shall be deposited with the State Treasurer. For the purpose of providing working cash balances for emergency public assistance advances and other expenses when it is necessary to make immediate cash payments, the Department of Human Services may withdraw from the State Treasury portions of the fund to be used by designated custodians for the purposes authorized by this section. The designated custodians may hold the funds or may deposit the funds in any bank authorized as a depository of state funds, or may hold part and deposit the remainder. The revolving fund shall be reimbursed by warrants drawn by the Oregon Department of Administrative Services upon the verified claims of the Department of Human Services and warrants payable out of the Public Welfare Account. [Formerly 411.245]

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC ASSISTANCE

411.154 Report to Legislative Assembly. The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly on the status and efficacy of:

(1) The domestic violence identification process under ORS 411.117;

(2) Emergency assistance utilization for victims of domestic violence; and

(3) Domestic violence training for department staff, information sharing and evaluation. [Formerly 411.118; 2011 c.545 §46]

411.155 [1971 c.779 §70; renumbered 411.078 in 2009]

411.159 Housekeeper, homemaker or home care worker in residence of public assistance recipient not state employee; exception. A person who is hired as a housekeeper or homemaker, or home care worker as defined in ORS 410.600, and is not otherwise employed by the Department of Human Services, an area agency or other public agency, shall not for any purposes be deemed to be an employee of the State of Oregon or an area agency whether or not the department or agency selects the person for employment or exercises any direction or control over the person’s employment. However, nothing in this section precludes the state or an area agency from being considered the employer of the person for purposes of ORS chapter 657. [Formerly 411.590]

411.160 [Amended by 1967 c.454 §46; 1967 c.561 §3; 1967 s.s. c.12 §1; repealed by 1969 c.45 §10]

411.170 [Amended by 1963 c.143 §1; repealed by 1969 c.45 §11]

411.171 Certain job referrals prohibited; eligibility not conditioned on employment at workplace involved in labor dispute. (1) The Department of Human Services may not refer any individual on a job referral that would aid in the filling of a job opening that exists because of a labor dispute.

(2) Notwithstanding any other provision of law, neither the department nor any other state agency may require as a condition of eligibility to receive benefits or services provided by the department or agency that an individual apply for or accept employment at any workplace where there is a labor dispute in progress.

(3) As used in this section, “labor dispute” has the meaning given that term in ORS 662.010. [Formerly 409.710]

Note: 411.171 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.180 [Amended by 1963 c.143 §2; repealed by 1969 c.45 §11]

411.190 [Amended by 1955 c.443 §1; 1961 c.657 §1; 1967 c.240 §1; repealed by 1969 c.45 §11]

411.200 [Repealed by 1969 c.45 §10]

411.210 [Amended by 1967 c.240 §2; repealed by 1969 c.45 §10]

411.220 [Subsections (2) and (3) enacted as 1953 c.458 §§2,4; 1961 c.600 §6; 1961 c.620 §4; 1969 c.45 §1; 1969 c.203 §2; renumbered 411.144 in 2009]

411.222 [1955 c.380 §§1,3; repealed by 1957 c.531 §3]

411.230 [Amended by 1967 c.454 §47; 1971 c.80 §5; renumbered 411.146 in 2009]

411.240 [Amended by 1961 c.600 §7; 1963 c.537 §4; 1965 c.440 §3; 1967 c.454 §107; 2003 c.14 §179; renumbered 411.148 in 2009]

411.242 [1953 c.410 §1; 1961 c.600 §8; 1967 c.454 §48; 1971 c.80 §6; renumbered 411.149 in 2009]

411.245 [1953 c.460 §1; 1967 c.71 §1; 1967 c.454 §49; 1971 c.80 §7; 1971 c.779 §12; 2003 c.14 §180; renumbered 411.151 in 2009]

411.250 [Repealed by 1983 c.537 §7]

411.260 [Amended by 1957 c.570 §1; 1969 c.597 §236; 1971 c.779 §13; repealed by 2001 c.900 §261]

411.270 [Amended by 1957 c.570 §2; 1969 c.597 §237; 1971 c.779 §14; repealed by 2001 c.900 §261]

411.280 [Amended by 1969 c.597 §238; 1971 c.779 §15; repealed by 2001 c.900 §261]

411.290 [Repealed by 1969 c.597 §281]

CONFIDENTIALITY OF RECORDS

411.300 Use and custody of records; rules. (1) The Department of Human Services shall adopt and enforce rules governing the custody, use and preservation of the records, papers, files and communications of the department in accordance with applicable privacy laws. The use of the records, papers, files and communications is limited to the purposes for which they are furnished and by the provisions of the law under which they may be furnished.

(2) The records, papers, files and communications of the department may be maintained in a single or combined data system accessible to the department and to the Oregon Health Authority for the administration of programs and the coordination of functions shared by the department and the authority. [Amended by 1953 c.500 §12; 1971 c.779 §16; 2005 c.381 §8; 2011 c.720 §99]

411.310 [Repealed by 1967 c.98 §1]

411.320 Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions. (1) For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.

(2) Nothing in this section prohibits the disclosure or use of contents of records, files, papers or communications for purposes directly connected with the establishment and enforcement of support obligations pursuant to the Title IV-D program.

(3) Nothing in this section prohibits the disclosure of the address, Social Security number and photograph of any applicant or recipient to a law enforcement officer at the request of the officer. To receive information pursuant to this section, the officer must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b) Is violating a condition of probation or parole; or

(c) Has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the applicant or recipient is within such official duties.

(4) Nothing in this section prohibits disclosure of information between the department and the Oregon Health Authority for the purpose of administering public assistance programs. [1953 c.500 §5; 1971 c.779 §17; 1995 c.609 §8; 1997 c.581 §7; 2001 c.900 §88a; 2011 c.720 §100]

411.325 [1953 c.500 §6; 1961 c.620 §5; 1963 c.70 §1; 1967 c.502 §16; 1971 c.779 §18; repealed by 1997 c.581 §48]

411.330 [1953 c.500 §§7,8; 1971 c.779 §19; repealed by 1997 c.581 §48]

411.335 Prohibited use of lists or names. No person or agency shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any lists or names for commercial or political purposes of any nature, or for any purpose not directly connected with the administration of the public assistance laws. [1953 c.500 §9; 1997 c.581 §8]

411.350 [1967 c.578 §1; 1971 c.779 §20; repealed by 2001 c.900 §261]

411.375 [1955 c.364 §1; 1969 c.597 §240; renumbered 411.593 in 2009]

411.380 [1955 c.364 §2; renumbered 411.594 in 2009]

411.385 [1955 c.364 §3; renumbered 411.596 in 2009]

411.390 [1955 c.364 §4; renumbered 411.597 in 2009]

411.395 [1961 c.171 §2; repealed by 1969 c.597 §281]

MEDICAL ASSISTANCE

411.400 Application for medical assistance. (1) Application for any category of aid shall also constitute application for medical assistance.

(2) Except as otherwise provided in this section, a person shall request medical assistance by filing an application as provided in ORS 411.081.

(3) The Department of Human Services shall determine eligibility for and fix the date on which medical assistance may begin, and shall obtain such other information required by the rules of the department and the Oregon Health Authority under ORS 411.402.

(4) If an applicant is unable to make application for medical assistance, an application may be made by someone acting responsibly for the applicant.

(5) The department may modify the application requirements in ORS 411.081 for a person whose basis of eligibility for medical assistance changes from one category of aid to another category of aid under ORS 414.025 (2). [Formerly 414.047; 2010 c.73 §3; 2011 c.720 §101]

411.402 Documentation required for person applying for medical assistance; rules. (1) The Department of Human Services and the Oregon Health Authority shall adopt by rule the documentation required from each person applying for medical assistance, including documentation of:

(a) The identity of the person;

(b) The category of aid that makes the person eligible for medical assistance or the way in which the person qualifies as categorically needy;

(d) Information concerning the income and resources of the person, which may include income tax return information and Social Security number, as necessary to establish financial eligibility for medical assistance, premium tax credits and cost-sharing reductions.

(2) Information obtained by the department or the authority under this section may be exchanged with other state or federal agencies for the purpose of:

(a) Verifying eligibility for medical assistance, participation in the Oregon Health Insurance Exchange or other health benefit programs;

(b) Establishing the amount of any tax credit due to the person, cost-sharing reduction or premium assistance;

(d) Administering health benefit programs. [Formerly 414.049; 2010 c.73 §4; 2011 c.720 §102]

411.404 Determination of eligibility for medical assistance; rules. (1) The Department of Human Services shall determine eligibility for medical assistance according to criteria prescribed by rule in consultation with the Oregon Health Authority that take into account:

(a) The requirements and needs of the applicant and of the spouse and dependents of the applicant;

(b) The income, resources and maintenance available to the applicant; and

(c) The responsibility of the spouse of the applicant and, with respect to an applicant who is blind or is permanently and totally disabled or is under 21 years of age, the responsibility of the parents.

(2) Rules adopted by the department under subsection (1) of this section:

(a) Shall disregard resources for those who are eligible for medical assistance only by reason of ORS 414.025 (3)(s), except for the resources described in ORS 414.025 (3)(s).

(b) May disregard income and resources within the limits required or permitted by federal law, regulations or orders.

(c) May not require any needy person over 65 years of age, as a condition of entering or remaining in a hospital, nursing home or other congregate care facility, to sell any real property normally used as the person’s home.

(3) Notwithstanding subsections (1) and (2) of this section, the authority may adopt rules necessary to implement the Health Care for All Oregon Children program established by ORS 414.231 or applicable provisions of federal law. [Formerly 414.042; 2011 c.602 §34; 2011 c.720 §103]

411.405 [1965 c.556 §14; repealed by 2001 c.900 §261]

411.406 Notice of change in circumstances. Upon the receipt of property or income or upon any other change in circumstances which directly affects the eligibility of the recipient to receive medical assistance or the amount of medical assistance available to the recipient, the recipient shall immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of such property or income, or other change in circumstances. Failure to give the notice shall entitle the department or the authority to recover from the recipient the amount of assistance improperly disbursed by reason thereof. [Formerly 414.057; 2011 c.720 §104]

411.408 Hearing on eligibility for medical assistance; rules. 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 may request a contested case hearing. The hearing shall be held at a time and place and shall be conducted in accordance with rules adopted by the authority or the department, as appropriate. [Formerly 414.055; 2011 c.720 §105]

411.410 [Amended by 1961 c.605 §3; renumbered 416.020]

411.415 [1971 c.617 §3; 1989 c.224 §80; 1991 c.93 §9; repealed by 2001 c.900 §261]

411.420 [Amended by 1957 c.154 §1; 1961 c.605 §4; renumbered 416.030]

411.425 [1953 c.361 §3; 1955 c.501 §1; 1959 c.273 §1; 1961 c.605 §8; renumbered 416.060]

411.428 [Formerly 411.440; renumbered 416.080]

411.430 [Repealed by 1953 c.361 §19]

411.431 Payment of monthly premium payments by recipients of medical assistance; rules. (1) The Department of Human Services shall adopt rules in consultation with the Oregon Health Authority:

(a) Requiring recipients of medical assistance who are not otherwise exempt to pay monthly premium payments while receiving medical assistance; and

(b) Granting recipients of medical assistance under ORS 414.706 (5) who are required to pay monthly premium payments a grace period of up to six months for payment of overdue premiums.

(2) A recipient may continue enrollment in medical assistance during the grace period described in subsection (1)(b) of this section.

(3) A recipient or former recipient of medical assistance under ORS 414.706 (5) who did not pay one or more monthly premium payments while receiving medical assistance is not eligible for medical assistance under ORS 414.706 (5) until the recipient or former recipient has paid the amount of overdue premiums in full. [Formerly 411.598; 2011 c.720 §106]

411.432 Exemption from payment of monthly premium payments for certain recipients of medical assistance; rules. (1) As used in this section, “federal poverty guidelines” means the most recent poverty guidelines as published annually in the Federal Register by the United States Department of Health and Human Services.

(2) Notwithstanding ORS 411.431, the Department of Human Services shall adopt rules in collaboration with the Oregon Health Authority exempting recipients of medical assistance under ORS 414.706 (5) whose family income is no more than 10 percent of the federal poverty guidelines from the requirement to pay monthly premium payments. [Formerly 411.600; 2011 c.720 §107]

411.434 [Formerly 411.450; 1955 c.501 §2; renumbered 416.090]

411.435 Enrollment of medical assistance program clients; agreements with local governments. 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 allow flexibility by the state and local governments and may allow any of the following options for enrolling clients in medical assistance programs:

(1) Initial processing shall be done at the county health department by employees of the county, with eligibility determination completed at the local office of the Department of Human Services;

(2) Initial processing and eligibility determination shall be done at the county health department by employees of the local health department; or

(3) Application forms shall be made available at the county health department with initial processing and eligibility determination shall be done at the local office of the Department of Human Services. [Formerly 414.151; 2011 c.720 §108]

411.438 [Formerly 411.460; renumbered 416.100]

411.439 Suspension of medical assistance of persons with serious mental illness under certain circumstances. (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 disorder or psychotic mental disorder other than a disorder caused primarily by substance abuse.

(b) “Public institution” means:

(A) A state hospital as defined in ORS 162.135;

(B) A local correctional facility as defined in ORS 169.005;

(D) A youth correction facility as defined in ORS 162.135.

(2) Except as provided in subsections (6) and (7) of this section, the Department of Human Services or the Oregon Health Authority shall suspend, instead of terminate, the medical assistance of a person with a serious mental illness when:

(a) The person receives medical assistance because of a serious mental illness; and

(b) The person becomes an inmate residing in a public institution.

(3) The department or the authority shall continue to determine the eligibility of the person as categorically needy.

(4) Upon notification that a person described in subsection (2) of this section is no longer an inmate residing in a public institution, the department or the authority shall reinstate the person’s medical assistance if the person is otherwise eligible for medical assistance.

(5) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for medical assistance.

(6) Subsection (2) of this section does not apply to a person with a serious mental illness residing in a state hospital as defined in ORS 162.135 who is under 22 years of age or who is 65 years of age or older.

(7) A person with a serious mental illness may apply for medical assistance between 90 and 120 days prior to the expected date of the person’s release from a public institution. If the person is found to be eligible, the effective date of the person’s medical assistance shall be the date of the person’s release from the institution. [Formerly 414.424; 2011 c.207 §2; 2011 c.720 §109]

411.440 [Renumbered 411.428 and then 416.080]

411.441 [1959 c.522 §§2,4; renumbered 416.110]

411.442 [1953 c.361 §§4,5; 1961 c.605 §9; renumbered 416.120]

411.443 Suspension of medical assistance for pregnant women who are incarcerated. (1) When a woman who is enrolled in medical assistance as a pregnant woman becomes an inmate residing in a public institution, the Department of Human Services shall suspend medical assistance.

(2) The department shall continue to determine the eligibility of the pregnant woman as categorically needy.

(3) Upon notification that a pregnant woman described under subsection (1) of this section is no longer an inmate residing in a public institution, the department shall reinstate medical assistance if the woman is otherwise eligible for medical assistance. [Formerly 414.420; 2011 c.720 §110]

411.444 [1953 c.361 §6; 1961 c.605 §10; renumbered 416.130]

411.445 Conditions for coverage for pregnant women who are incarcerated. ORS 411.443 does not extend eligibility to an otherwise ineligible individual or extend medical assistance to an individual if matching federal funds are not available to pay for medical assistance. [Formerly 414.422]

411.446 [1953 c.361 §7; 1961 c.605 §11; renumbered 416.140]

411.448 [1953 c.361 §8; 1961 c.605 §17; renumbered 416.170]

411.450 [Renumbered 411.434 and then 416.090]

411.452 [1953 c.361 §9; renumbered 416.180]

411.454 [1953 c.361 §10; renumbered 416.190]

411.456 [1953 c.361 §11; renumbered 416.200]

411.458 [1953 c.361 §12; renumbered 416.210]

411.459 [Formerly 414.051; 2011 c.720 §111; renumbered 414.071 in 2011]

411.460 [Renumbered 411.438 and then 416.100]

411.462 [1953 c.361 §13; 1961 c.605 §20; renumbered 416.230]

411.463 Availability of information on all licensed healing arts. 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; 2011 c.720 §112]

411.464 [1953 c.361 §15; renumbered 416.240]

411.466 [1953 c.361 §16; renumbered 416.250]

411.470 [Amended by 1953 c.361 §19; renumbered 416.260]

411.474 [1957 c.571 §1; renumbered 416.270]

411.480 [Renumbered 416.310]

411.490 [Amended by 1961 c.104 §1; renumbered 416.320]

411.500 [Renumbered 416.330]

411.510 [Amended by 1961 c.600 §9; renumbered 416.810]

411.520 [Renumbered 416.820]

411.530 [Renumbered 416.830]

411.552 [1959 c.454 §1; 1961 c.620 §8; renumbered 416.510]

411.554 [1959 c.454 §2; renumbered 416.520]

411.556 [1959 c.454 §3; renumbered 416.530]

411.558 [1959 c.454 §4; renumbered 416.540]

411.560 [1959 c.454 §§5,7; renumbered 416.550]

411.562 [1959 c.454 §6; renumbered 416.560]

411.564 [1959 c.454 §8; renumbered 416.570]

411.566 [1959 c.454 §9; renumbered 416.580]

411.568 [1959 c.454 §11; renumbered 416.590]

411.570 [1959 c.454 §12; renumbered 416.600]

411.572 [1959 c.454 §10; renumbered 416.610]

411.575 [1967 c.588 §2; 1969 c.707 §1; 1971 c.774 §16; 1989 c.966 §46; 1997 c.130 §7; 2003 c.14 §181; renumbered 411.128 in 2009]

411.580 Scholarships and grants for recipients. (1) In addition to any other scholarships or grants provided by law and subject to the availability of funds in the Department of Human Services Scholarship Account, the Department of Human Services may award tuition and fee-exempting scholarships or grants and additional funds for purchase of required books and supplies from other funds, whether from public or private sources, made available for training of recipients toward self-support to those qualified to receive welfare assistance, for enrollment at any publicly supported educational, vocational or training institution in this state.

(2) Selection of scholarship or grant recipients shall be made by county public welfare board created by ORS 411.077, with the advice and assistance of all publicly supported educational, vocational or training institutions.

(3) Scholarships or grants shall be awarded on the basis of the recipient’s apparent ability and willingness to profit from the education or the vocational, technical, or other courses available, to the end that scholarships or grants awarded will benefit both the student and the people of this state.

(4) In order to facilitate the most effective use of funds granted under this section, the Department of Human Services may apply funds available under this section to supportive services, including but not limited to transportation and child care, for scholarship or grant recipients whenever the availability of such services has been eliminated by the exhaustion of funds in the department’s job related training program. [1967 c.588 §1; 1969 c.123 §2; 1971 c.227 §1; 1971 c.387 §1; 1971 c.774 §17; 1971 c.779 §21a; 1997 c.130 §8; 2003 c.14 §182]

411.590 [1975 c.401 §5; 1981 c.784 §23; 1987 c.780 §1; 1999 c.548 §1; 2001 c.900 §89; 2001 c.901 §8; renumbered 411.159 in 2009]

INVESTIGATIONS AND RECOVERY OF ASSISTANCE

411.593 Public assistance investigations; power to subpoena, administer oaths, take depositions and fix witness fees. (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 attendance and testimony of witnesses and the production of books, accounts, documents and other papers, and may administer oaths, take depositions and fix the fees and mileage of witnesses.

(2) The Department of Human Services and the Oregon Health Authority shall provide for defraying the expenses of such investigations or hearings, which may be held in any part of the state. [Formerly 411.375; 2011 c.720 §113]

411.594 Petition for enforcement of subpoena issued under ORS 411.593. (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 in which the investigation or hearing is pending for an order directing the witness to attend and testify or produce the papers before the petitioner.

(2) The petition shall allege that due notice was given of the time and place for the attendance of the witness or the production of the papers, that the witness was subpoenaed in the manner prescribed and that the witness failed and refused to attend, to produce the papers required by the subpoena or to answer questions propounded to the witness in the course of the investigation or hearing. [Formerly 411.380]

411.595 [1983 c.299 §2; 1987 c.3 §14; 2001 c.900 §90; renumbered 411.072 in 2009]

411.596 Court order to show cause issued upon filing of petition for enforcement of subpoena. 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 the order, and then and there show cause why the witness has not attended and testified or produced the papers as required by the subpoena. [Formerly 411.385]

411.597 Court may compel appearance of witness before petitioner. (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 required papers.

(2) Failure by the witness to comply with an order made pursuant to subsection (1) of this section shall be dealt with as for contempt of court. [Formerly 411.390]

411.598 [2005 c.692 §6; renumbered 411.431 in 2009]

411.600 [2005 c.692 §4; 2009 c.263 §3; renumbered 411.432 in 2009]

411.610 Indorsement by others of public assistance checks or warrants payable to deceased recipient; disposition of proceeds. Any check or warrant issued by the Department of Human Services or the Oregon Health Authority to a recipient of public 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 described in ORS 293.490 (3); and payment may be made and the proceeds used without any of the restrictions enumerated in ORS 293.495 (1). [Amended by 1957 c.120 §1; 1981 c.594 §9; 2011 c.720 §114]

411.620 Recovery of public assistance obtained or disposed of unlawfully. (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 general assistance or public assistance or has aided any other person to obtain such general assistance or public assistance, in violation of any provision of ORS 411.630, or in violation of ORS 411.640. In such suit or action the department or the authority may recover the amount or value of such general assistance or public assistance so obtained in violation of ORS 411.630, or in violation of ORS 411.640, with interest thereon, together with costs and disbursements incurred therein.

(2) Excepting as to bona fide purchasers for value, the department, the authority, the conservator for the recipient or the personal representative of the estate of a deceased recipient may prosecute a civil suit or action to set aside the transfer, gift or other disposition of any money or property made in violation of any provisions of ORS 411.630, 411.708 and 416.350 and the department or the authority may recover out of such money or property, or otherwise, the amount or value of any general assistance or public assistance obtained as a result of such violation, with interest thereon, together with costs and disbursements incurred therein. [Amended by 1963 c.499 §1; 1971 c.334 §2; 1973 c.661 §1; 1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24; 2009 c.595 §262; 2011 c.720 §115]

411.630 Unlawfully obtaining public assistance. (1) A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance to which the person or other person is not entitled under state law by means of:

(a) Any false representation or fraudulent device, or

(b) Failure to immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income, or of any other change of circumstances, which directly affects the eligibility for, or the amount of, the assistance.

(2) A person may not transfer, conceal or dispose of any money or property with the intent:

(a) To enable the person to meet or appear to meet any requirement of eligibility prescribed by state law or by rule of the department or the authority for any type of general assistance or public assistance; or

(b) Except as to a conveyance by the person to create a tenancy by the entirety, to hinder or prevent the department or the authority from recovering any part of any claim it may have against the person or the estate of the person.

(3) A person may not knowingly aid or abet any person to violate any provision of this section.

(4) A person may not receive, possess or conceal any money or property of an applicant for or recipient of any type of general assistance or public assistance with the intent to enable the applicant or recipient to meet or appear to meet any requirement of eligibility referred to in subsection (2)(a) of this section or, except as to a conveyance by the applicant or recipient to create a tenancy by the entirety, with the intent to hinder or prevent the department or the authority from recovering any part of any claim it may have against the applicant or recipient or the estate of the applicant or recipient. [Amended by 1963 c.499 §2; 1969 c.66 §1; 1971 c.779 §22; 2011 c.720 §116]

411.632 Relief where assets transferred, removed or secreted. If it reasonably appears that a recipient of public 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 assets may be transferred, removed, secreted or otherwise disposed, then the Department of Human Services or the Oregon Health Authority may seek appropriate relief under ORCP 83 and 84 or any other provision of law, but only to the extent of the liability. The state shall not be required to post a bond in seeking the relief. [1987 c.438 §6; 2001 c.900 §91; 2011 c.720 §117]

411.635 Recovery of improperly disbursed public assistance. (1) Public 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.

(2) The department may also recoup public assistance improperly disbursed from earnings that the state disregards pursuant to ORS 411.083 and 412.009 as follows:

(a) The department shall notify the recipient that the recipient may elect to limit the recoupment monthly to an amount equal to one-half the amount of disregarded earnings by granting the department a confession of judgment for the amount of the overpayment.

(b) If the recipient does not elect to grant the confession of judgment within 30 days the department may recoup the overpayment from the entire amount of disregarded earnings. The recipient may at any time thereafter elect to limit the monthly recoupment to one-half the disregarded earnings by entering into a confession of judgment.

(3) The department shall not execute on a confession of judgment until the recipient is no longer receiving public assistance and has either refused to agree to or has defaulted on a reasonable plan to satisfy the judgment.

(4) This section does not prohibit the department from adopting rules to exempt from recoupment any portion of disregarded earnings. [1979 c.719 §2; 2011 c.720 §118]

411.640 Overpayments of public assistance. A person has received an overpayment of public 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 general assistance or public assistance to which the person or the other person is not entitled under state law;

(2) Spent lawfully received public assistance that was designated by the Department of Human Services or the Oregon Health Authority for a specific purpose on an expense not approved by the department or the authority and not considered a basic requirement under ORS 411.070 (2)(a);

(3) Misappropriated public assistance by cashing and retaining the proceeds of a check on which the person is not the payee and the check has not been lawfully indorsed or assigned to the person; or

(4) Failed to reimburse the department or the authority, when required by law, for public assistance furnished for a need for which the person is compensated by another source. [1963 c.499 §4; 2007 c.118 §1; 2011 c.720 §119]

411.650 [1963 c.499 §5; 1965 c.300 §1; 1971 c.799 §23; 2003 c.576 §442; 2009 c.28 §1; renumbered 411.087 in 2009]

411.660 Modification, cancellation or suspension of public assistance. (1) If any person is convicted of a violation of any provision of ORS 411.630, any grant of general assistance or 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 by or pursuant to rules or regulations of the Department of Human Services or the Oregon Health Authority.

(2) Subsection (1) of this section does not prohibit a grant of general assistance or public assistance to meet the needs of a child under the age of 18 years. [1963 c.499 §6; 2001 c.900 §92; 2011 c.720 §119a]

411.670 Definitions for ORS 411.640, 411.670, 411.675 and 411.690. 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 recipient.

(2) “Need” means any type of care, service, commodity, shelter or living requirement.

(3) “Person” includes individuals, corporations, associations, firms, partnerships, governmental subdivisions and agencies and public and private organizations of any character. [1983 c.609 §2; 2011 c.720 §120]

411.675 Submitting wrongful claim for payment. 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 recipient by knowingly:

(1) Submitting or causing to be submitted to the Department of Human Services or the Oregon Health Authority a false claim for payment;

(2) Submitting or causing to be submitted to the department or the authority a claim for payment that already has been submitted for payment unless the claim is clearly labeled as a duplicate;

(3) Submitting or causing to be submitted to the department or the authority a claim for payment that is a claim that already has been paid by any source unless clearly labeled as already paid; or

(4) Accepting a payment from the department or the authority for the costs of items or services that have not been provided to or for the benefit of a public assistance recipient. [1983 c.609 §3; 2011 c.720 §121]

411.690 Liability of person wrongfully receiving payment; amount of recovery; rules. (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 recipient is liable to refund or credit the amount of the payment to the department or the authority if the person has obtained or subsequently obtains from the recipient or from any source any additional payment for furnishing the same need. However, the liability of the person is limited to the lesser of the following amounts:

(a) The amount of the payment accepted from the department or the authority; or

(b) The amount by which the aggregate sum of all payments accepted or received by the person exceeds the maximum amount payable for the need under rules adopted by the department or the authority.

(2) Notwithstanding subsection (1) of this section, a person who, after having been afforded an opportunity for a contested case hearing pursuant to ORS chapter 183, is found to have violated ORS 411.675 is liable to the department or the authority for treble the amount of the payment received as a result of the violation.

(3) The department and the authority may prosecute civil actions to recover moneys claimed due under this section and for costs and disbursements incurred in such actions. [1963 c.609 §11; 1977 c.669 §1; 1983 c.609 §4; 2011 c.720 §122]

411.692 Definition for ORS 93.268 and 411.694. 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 but were not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.694 Request for notice of transfer or encumbrance of real property held by recipient; rules. (1) When an individual receives public assistance as defined in ORS 411.010 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 Oregon Health Authority may present to the county clerk for recordation in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property.

(2) A title insurance company or agent shall provide the state agency that filed the request with a notice of transfer or encumbrance as required by ORS 93.268.

(3) If the department or the authority has filed a request for notice of transfer or encumbrance for recording in the deed and mortgage records, the department or the authority shall file with the county clerk a termination of request for notice of transfer or encumbrance when it is no longer necessary or appropriate to monitor transfers or encumbrances related to the real property.

(4) The department shall adopt by rule a form of the request for notice of transfer or encumbrance, the notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:

(a) Contains the name of the public assistance recipient, a case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individual’s public assistance records;

(b) Contains the legal description of the real property;

(d) Complies with the requirements for recordation in ORS 205.232 and 205.234 for those forms intended to be recorded.

(5) The authority shall use the forms adopted by the department under subsection (4) of this section and may designate the department to receive, on behalf of the authority, a notice of transfer or encumbrance provided in accordance with subsection (2) of this section.

(6) The department or the authority shall pay the recordation fee required by the county clerk under ORS 205.320.

(7) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of or other interest in the real property. [2003 c.638 §2; 2011 c.720 §123]

Note: See note under 411.692.

411.700 [1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11; 1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581 §9; 2005 c.381 §9; renumbered 411.083 in 2009]

411.703 Issuance of warrants for overpayment of public or nutrition assistance. (1) If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 to 411.845, is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS chapter 183 relating to the overpayment, the Department of Human Services or the Oregon Health Authority may:

(a) Issue a warrant that meets the requirements of ORS 205.125 for the overpayment; and

(b) Present a warrant issued under this section for recordation in the County Clerk Lien Record of the county clerk of any county in the state.

(2) The warrant must include the principal amount of the overpayment, interest accumulated pursuant to ORS 82.010 or other applicable law, costs associated with recording, indexing and serving the warrant and costs associated with an instrument evidencing satisfaction or release of the warrant.

(3) The department or the authority shall mail a copy of the warrant to the debtor at the last known address of the debtor.

(4) Upon receipt of the warrant for recordation, the county clerk shall record the warrant in the manner provided in ORS 205.125.

(5) Upon issuance of the warrant, the department or the authority may issue a notice of garnishment in accordance with ORS 18.854.

(6) Upon recording, the warrant:

(a) Has the effect described in ORS 205.125 and 205.126; and

(b) May be enforced as provided in ORS 18.854 and 205.126. [2003 c.663 §2; 2007 c.118 §2; 2009 c.599 §19; 2011 c.720 §124]

OREGON SUPPLEMENTAL INCOME PROGRAM

411.704 Definitions for ORS 411.141, 411.706 and 411.708. 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 older; or

(b) Special need allowances for one-time or ongoing needs.

(2) “Blind” means having:

(a) Visual acuity with corrective lenses that does not exceed 20/200 in the better eye, or vision in the better eye that is restricted to a field that subtends an angle of not greater than 20 degrees; or

(b) An equivalent visual impairment, as determined by the Department of Human Services after examination by:

(A) An ophthalmologist licensed to practice medicine and surgery in Oregon or in another state or territory of the United States having qualifications substantially similar to those of the State of Oregon; or

(B) An optometrist licensed and practicing in Oregon or in another state or territory of the United States having qualifications substantially similar to those of the State of Oregon.

(3) “Disability” means a physical or mental impairment that:

(a) Is likely to continue without substantial improvement for no less than 12 months or to result in death; and

(b) Prevents performance of substantially all the ordinary duties of occupations in which a person not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the individual with the physical or mental impairment.

(4)(a) “Income” means net income in cash or in kind available to the applicant or recipient, the receipt of which is regular and predictable enough to afford security in the sense that the applicant or recipient may rely upon it to contribute toward meeting the needs of the applicant or recipient.

(b) “Income” does not include:

(A) Earnings or other income that may be exempted in compliance with federal laws and regulations; or

(B) Premiums on life insurance policies, whether paid by the applicant, recipient or other person.

(5) “Recipient” means a person who is receiving assistance provided by the Oregon Supplemental Income Program.

(6) “Resources” means an asset that may be applied toward meeting the needs of the applicant or recipient, including real and personal property holdings contributing to the maintenance of the applicant or recipient or representing investments or savings that may be drawn upon for maintenance purposes. [2005 c.381 §2; 2007 c.70 §187; 2009 c.849 §1]

411.705 [1975 c.672 §20; repealed by 1977 c.841 §13]

411.706 Oregon Supplemental Income Program. (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 Oregon Supplemental Income Program qualify for medical assistance as defined in ORS 414.025. [2005 c.381 §3; 2007 c.70 §188; 2009 c.849 §2]

411.708 Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable. (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 recipient, if any, shall be charged for assistance granted under ORS 411.706 to the deceased recipient or the surviving spouse. There shall be no adjustment or recovery of assistance correctly paid on behalf of any deceased recipient under ORS 411.706 except after the death of the surviving spouse of the deceased recipient, if any, and only at a time when the deceased recipient has no surviving child who is under 21 years of age or who is blind or has a disability. Transfers of real or personal property by recipients of assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (2).

(2) Except when there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or has a disability, the amount of any assistance paid under ORS 411.706 is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.

(3) Nothing in this section authorizes the recovery of the amount of any assistance from the estate or surviving spouse of a recipient to the extent that the need for assistance resulted from a crime committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011 c.602 §35; 2011 c.720 §124a]

GENERAL ASSISTANCE

411.710 Basis for granting general assistance; rules. (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 expenditures of the individual and the conditions existing in each case.

(2) With respect to health services and needs to be provided in any general assistance programs during any period, and within the limits of funds available therefor, the department shall determine and fix, subject to such revisions as it may make from time to time:

(a) The types and extent of health services and needs to be provided to applicants and recipients.

(b) Statewide uniform standards to be observed in the provision of health services and needs.

(c) The maximum number of days of health services and needs toward the cost of which general assistance funds will be expended in the care of any applicant or recipient.

(d) Schedules of maximum fees, charges and daily rates to which general assistance funds will be applied toward meeting the costs of providing health services and needs to an applicant or recipient.

(3) The types and extent of health services and needs and the amounts to be paid in meeting the costs thereof, as determined and fixed by the department, shall be the total general assistance available to applicants and recipients for health services and needs and the total amounts from general assistance funds available to vendors in meeting such costs.

(4) Payments of general assistance for medical care and services shall constitute payment in full for all such care and services for which the payments were made. [Amended by 1965 c.556 §18]

411.720 Residence required of applicants for general assistance. 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]

411.730 Application for general assistance; determination of eligibility and amount of grant. 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; 1971 c.779 §24]

411.740 General assistance administration. 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; 1971 c.779 §25]

411.750 Cooperation with federal government in providing general assistance. 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 services for needy persons and shall receive, disburse or distribute all sums of money, commodities and other properties from the United States Government, departments or agencies of the State of Oregon and counties of the state for assistance purposes for needy persons. [Amended by 1967 c.130 §1]

411.760 Assistance grants are inalienable. All moneys granted under the provisions of ORS 411.060, 411.070, 411.706 and 411.710 to 411.730 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]

411.765 [1969 c.207 §2; repealed by 2001 c.900 §261]

411.770 [Repealed by 1953 c.500 §12]

411.775 [1969 c.207 §3; repealed by 2001 c.900 §261]

411.785 [1969 c.207 §4; repealed by 2001 c.900 §261]

411.790 Assistance to certain persons receiving employment income. (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 unemployed and receiving general assistance due to chronic mental illness.

(2) The department shall continue to provide health services and needs, as described in ORS 411.710 (2), to a person described in subsection (1) of this section for a period of time not to exceed two years after the person ceases to receive general assistance if:

(a) Group health insurance is not available to the person through employment or otherwise; and either

(b) Termination of eligibility for health services and needs would seriously inhibit the person’s ability to continue employment; or

(c) The person’s earnings are not sufficient to allow the person a reasonable equivalent of the general assistance and health service benefits which would be available to the person in the absence of the earnings.

(3) If the person described in subsection (1) of this section is covered by a group health insurance plan, the department shall continue to provide health services and needs for the limited purpose of paying the costs of treatment for preexisting conditions until such costs are paid in whole or in part by the group health insurance policy.

(4) For purposes of this section, “approved treatment and rehabilitation program” and “chronic mental illness” shall be defined by the department by rule.

(5) For the purposes of general assistance, any work performed by a person while that person is hospitalized in a state or community psychiatric hospital shall not be considered employment.

(6) Nothing in this section is intended to limit the authority of the department to disregard the income of, and extend the period of eligibility for health services and needs to, persons other than those described in subsection (1) of this section. [1981 c.341 §2; 2001 c.900 §93]

411.795 Claim against estate of deceased recipient of general assistance. (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, the estate of the surviving spouse shall be charged for such aid paid to either or both; provided, however, that there shall be no adjustment or recovery of any general assistance correctly paid to or on behalf of any individual under ORS chapter 411 except after the death of such individual and the surviving spouse of the individual, if any, and only at a time when the individual has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

(2) Except where there is a surviving spouse, or a surviving child who is under 21 years of age or is blind or permanently and totally disabled, the amount of any general assistance paid under ORS chapter 411 is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.

(3) Nothing in this section authorizes the recovery of the amount of any aid from the estate or the surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient.

(4) As used in this section, “general assistance” includes the state’s monthly contribution to the federal government to defray the costs of outpatient prescription drug coverage provided to a person who is eligible for Medicare Part D prescription drug coverage and who receives benefits under the state medical assistance program or Title XIX of the Social Security Act. [1971 c.422 §1; 1975 c.386 §1; 1985 c.522 §1; 1995 c.664 §91; 2005 c.754 §2]

Note: 411.795 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

411.800 [1980 c.18 §1; 1983 c.2 §2; 1985 c.255 §1; 1985 c.819 §1; 1987 c.71 §1; 1989 c.1001 §1; 1991 c.39 §1; 1993 c.11 §1; 1995 c.148 §1; repealed by 1997 c.581 §48]

SPOUSAL CARE

411.802 Compensation for in-home care by spouse. If an approved provider providing in-home care to a recipient of public assistance for compensation marries the recipient, the Department of Human Services shall consider the care provided as compensable even though provided by a spouse. The standard of compensation under this section shall be the same as the standard applied for in-home care provided by an approved provider not residing in the home of the recipient. [1987 c.629 §2; 2001 c.900 §94]

411.803 When spouse may be compensated for in-home care. 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 based on the extent of need and the availability of funds therefor. [1985 c.638 §2; 2001 c.900 §95; 2005 c.381 §11]

411.805 [1961 c.526 §1; repealed by 1963 c.599 §2 (411.806 enacted in lieu of 411.805)]

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

411.806 Definitions for ORS 411.806 to 411.845. 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 Supplemental Nutrition Assistance Program;

(b) The compensation of personnel while employed in carrying out ORS 411.806 to 411.845; and

(2) “Household” means two or more related or nonrelated individuals who do not reside in an institution.

(3) “Issuing agency” means the Department of Human Services.

(4) “Recipient” means an individual or household determined and certified, pursuant to ORS 411.816 or 411.825, to be eligible to receive supplemental nutrition assistance under the Supplemental Nutrition Assistance Program.

(5) “Supplemental Nutrition Assistance Program” means a program under which the federal government makes aid available to the state or its agencies for distribution through electronic benefits transfer or by check to individuals and households certified to be in economic need of and eligible to receive such aid for the purchase of food from retail food outlets. [1963 c.599 §3 (enacted in lieu of 411.805); 1971 c.779 §26; 1997 c.581 §10; 2009 c.599 §1]

411.810 [1961 c.526 §2; repealed by 1963 c.599 §4 (411.811 enacted in lieu of 411.810)]

411.811 Distribution by tribal councils; duties of department with respect to food distribution programs; rules. (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 food commodities, and to carry into effect ORS 411.806 to 411.845 relating to such programs, including agreements with other agencies of this state, with the federal government and its agencies, and with tribal councils of Indian tribes;

(b) Order, ship and store food commodities pending their delivery to tribal councils of Indian tribes or otherwise for direct distribution to recipients;

(c) Determine and require that the storage, distribution and handling of food commodities are made in accordance with state and federal laws, rules, regulations and requirements;

(d) Determine the quantities of food commodities which recipients shall be entitled to receive with respect to any period and geographical area; and

(e) Except as otherwise provided by ORS 411.816, adopt and enforce rules necessary to maintain the eligibility of this state to receive food commodities and to carry into effect ORS 411.806 to 411.845 relating to such programs. [1963 c.599 §5 (enacted in lieu of 411.810); 1971 c.779 §27; 1989 c.942 §1]