Oregon Bulletin
Rule
Caption: Changing OARs affecting public
assistance, medical assistance, or Supplemental Nutrition Assistance Program
clients.
Adm.
Order No.: SSP 22-2011(Temp)
Filed with Sec. of
State: 7-22-2011
Certified to be
Effective: 7-22-11 thru 1-18-12
Notice Publication
Date:
Rules Amended: 461-115-0230, 461-115-0690
Subject: OAR 461-115-0230 about client interviews is being
amended to change the interview requirements in the SNAP program. The
requirement for face-to-face SNAP interviews is also being removed. The SNAP
Program received federal approval to waive the face-to-face requirement for all
households regardless of the household’s circumstances. Interviews for
expedited SNAP may no longer be postponed.
OAR 461-115-0690
about verification required of clients and related time limits for SNAP
expedited eligibility is being amended to comply with federal requirement and
will no longer indicate that interviews can be postponed.
Rules Coordinator: Annette Tesch—(503) 945-6067
461-115-0230
Interviews
(1) In all programs except the BCCM, HKC, MAA, MAF,
OHP, and SAC programs, the Department may conduct a required face-to-face
interview by telephone or home visit if an authorized representative (see OAR
461-115-0090) has not been appointed and participating in a face-to-face
interview is a hardship (see section (3) of this rule) for the household.
(2) In the SNAP program:
(a) An interview must be scheduled so that the filing
group (see OAR 461-110-0370) has at least ten days to provide any needed
verification before the deadline under OAR 461-115-0210.
(b) A face-to-face interview must be granted at the
applicant’s request.
(c) When an applicant misses the first scheduled
interview appointment, the Department must inform the applicant by regular mail
of the missed interview.
(d) An applicant who fails to attend a scheduled
interview must contact the Department no later than 30 days following the
filing date (OAR 461-115-0040) to be eligible for benefits.
(e) For each filing group, an adult in the filing group
or the authorized representative of the filing group is interviewed once every
12 months.
(3) For the purposes of this rule, “hardship” includes,
but is not limited to:
(a) Care of a household member;
(b) A client’s age, disability, or illness;
(c) A commute of more than two hours from the client’s
residence to the nearest branch office (see OAR 461-001-0000);
(d) A conflict between the client’s work or training
schedule and the business hours of the branch office; and
(e) Transportation difficulties due to prolonged severe
weather or financial hardship.
Stat. Auth: ORS 411.060, 411.404,
411.704, 411.706, 411.816, 412.049, 414.025, 414.231, 414.826, 414.831, 414.839
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.704, 411.706, 411.816, 412.049, 414.025, 414.231,
414.826, 414.831, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 20-1992, f.
7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994,
f. & cert. ef. 2-1-94; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS
9-2001, f. & cert. ef. 6-1-01; AFS 22-2001, f. & cert. ef. 10-1-01; AFS
5-2002, f. & cert. ef. 4-1-02; SSP 39-2009(Temp), f. 12-31-09, cert. ef.
1-1-10 thru 6-30-10; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 7-2010(Temp),
f. & cert. ef. 4-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10;
SSP 22-2011(Temp), f. & cert. ef. 7-22-11 thru 1-18-12
461-115-0690
Verification For SNAP Expedited
Service; Time Limits
This rule establishes verification requirements for
expedited services in the SNAP program.
(1) An applicant meeting the SNAP program expedited
services criteria under OAR 461-135-0575 and determined eligible for SNAP
benefits must provide verification of his or her identity either through a
collateral contact or documentary evidence before benefits may be issued.
Benefits may not be delayed solely because other eligibility factors are not
verified. The filing group (see OAR 461-110-0370) must provide the postponed
verification within the timeframes established in section (3) of this rule.
(2) A filing group that was receiving SNAP benefits in
another state during the same month the filing group applies for expedited
services in Oregon must verify that the filing group will not use SNAP benefits
from both the other state and Oregon in the same month. The filing group may
provide the verification by signing a statement attesting to the following:
(a) The filing group did not receive SNAP benefits from
the other state for the month in which the filing group is applying for SNAP
benefits in Oregon; and
(b) If the filing group receives SNAP benefits from the
other state for a month in which the filing group receives SNAP benefits in
Oregon, the filing group must comply with the following requirements:
(A) The filing group may not use the other state’s SNAP
benefits; and
(B) The filing group must report receipt of the other
state’s SNAP benefits and turn them in to the Department within five days of
receipt. Failure to comply with this requirement constitutes an intentional program
violation.
(3) A filing group that does not provide all
necessary postponed verification becomes ineligible as follows:
(a) A filing group applying on or before the 15th of
the month becomes ineligible the last day of the month of application.
(b) A filing group applying after the 15th of the month
becomes ineligible the last day of the month following the month of
application.
(4) When SNAP benefits under expedited services close
or change due to postponed verification, notice is provided in accordance with
OAR 461-175-0300.
Stat. Auth.: ORS 411.816
Stats. Implemented: ORS 411.816
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f.
12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS
19-1993, f. & cert. ef. 10-1-93; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00;
AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 5-2010, f. & cert. ef.
4-1-10; SSP 22-2011(Temp), f. & cert. ef. 7-22-11 thru 1-18-12
Rule
Caption: Changing OARs affecting public
assistance, medical assistance, or Supplemental Nutrition Assistance Program
clients.
Adm.
Order No.: SSP 23-2011(Temp)
Filed with Sec. of
State: 8-1-2011
Certified to be
Effective: 8-1-11 thru 1-27-12
Notice Publication
Date:
Rules Adopted: 461-115-0016
Rules Amended: 461-115-0030, 461-155-0528
Subject: OAR 461-115-0016 is being adopted to establish
policies for a reservation list in the Employment Related Day Care program.
This rule can be implemented as budget needs arise to keep caseload within
budget levels and caps in accordance with legislative funding. This rule
indicates which clients remain eligible once the reservation list is in place,
which clients are placed on the reservation list, and how clients move from the
reservation list into the program.
OAR 461-115-0030
is being amended to align how the Department determines the date of request for
purposes of eligibility for current recipients of benefits in the Continuous
Eligibility for OHP-CHP Pregnant Women (CEC), Continuous Eligibility for
Medicaid (CEM), Extended Medical Assistance (EXT), Healthy KidsConnect (HKC),
Medical Assistance Assumed (MAA), Medical Assistance to Families (MAF), Oregon
Health Plan (OHP), Oregon Supplemental Income Program Medical (OSIPM), Refugee
Assistance Medical (REFM), and Medical Coverage for Children in Substitute or
Adoptive Care (SAC) programs. This amendment aligns the processes for
recipients of these programs who are sent an auto-pend (DHS Form 945) with
those who are sent a DHS 6623 at medical redetermination. When either form is
sent, the Department or the Oregon Health Authority has established a date of
request on behalf of the recipient.
OAR 461-155-0528
about payments for emergency assistance in the Oregon Supplemental Income
Program Medical (OSIPM) is being amended to state that effective August 1,
2011, no such payments may be approved.
Rules Coordinator: Annette Tesch—(503) 945-6067
461-115-0016
Application Process; Reservation
List for ERDC
Notwithstanding any other rule in Chapter 461 of the
Oregon Administrative Rules, in the ERDC program:
(1) Eligibility is subject to the availability of
funds. The Department may implement a Child Care Reservation List whenever the
Department determines that sufficient funding is not available to sustain benefits
for all of the applicants requesting assistance.
(2) Except as provided in section (3) of this rule, the
following applicants are subject to placement on the Child Care Reservation
List when the Child Care Reservation List is in effect:
(a) New applicants for ERDC when no member of the ERDC
filing group (see OAR 461-110-0350) received a partial or full month of REF,
SFPSS, or TANF program cash benefits from the State of Oregon in at least one
of the preceding three months; and no member of the ERDC program filing group
may be concurrently receiving TANF program benefits except as allowed under OAR
461-165-0030.
(b) Individuals who are reapplying for ERDC after a
break in child care benefits of two consecutive, calendar months or more.
(3) Except as allowed under OAR 461-165-0030, no member
of an ERDC program filing group may be concurrently receiving TANF program
benefits. When concurrent benefits are not allowed, the Department sends a
decision notice (see OAR 461-001-0000) of ineligibility for the ERDC program
and the filing group is not placed on the Child Care Reservation List.
(4) When the Child Care Reservation List is in effect,
the Department must place all applicants who are subject to the Child Care
Reservation List under section (2) of this rule on the Child Care Reservation
list for future selection. The Department sends these applicants a decision
notice of ineligibility for the ERDC program.
(5) Each month, on the basis of an estimate of
available funds, an appropriate number of individuals from the reservation list
are randomly selected and invited to apply for ERDC.
(6) The processing time frame for the ERDC application
is the same as that specified in OAR 461-115-0190, except that:
(a) The date of request is determined by the date the
request for benefits is received once the applicant has been selected from the
reservation list to apply, and may not be earlier than the first of the month
in which the client was selected.
(b) If the Department does not receive a request for
benefits within the deadline to apply, the applicant is dropped from the
reservation list.
(c) An applicant who requests benefits after the
deadline to apply will be returned to the reservation list.
(7) After an applicant is selected from the Child Care
Reservation List, the applicant must contact the Department to request child
care benefits by the date stated on the selection letter. The applicant may
request child care benefits from the Department:
(a) Without completing a new application when the
previous application is within 45 days of its date of request (see OAR
461-115-0030); or
(b) By submitting a new application for child care
benefits to the Department.
(8) If an applicant does not contact the Department as
required by section (7) of this rule, the applicant is removed from the Child
Care Reservation List and must re-apply for the ERDC program to be placed back
on the Child Care Reservation List with a new reservation number.
(9) An applicant with a valid and selected reservation
number from the Child Care Reservation List found eligible for ERDC program
benefits remains eligible until one of the circumstances in the following
subsections occurs:
(a) The client has a break in ERDC program benefits of
more than two calendar months; or
(b) The client no longer meets the ERDC program
eligibility requirements, excluding the requirement to have received REF,
SFPSS, or TANF program cash benefits from the State of Oregon in the preceding
three months.
Stat. Auth: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: SSP 23-2011(Temp), f. &
cert. ef. 8-1-11 thru 1-27-12
461-115-0030
Date of Request
(1) For all programs covered by Chapter 461 of the
Oregon Administrative Rules, the client or someone authorized to act on behalf
of the client must contact the Department or use another appropriate method to
request benefits (see OAR 461-115-0150). The request may be oral or in writing.
The request starts the application process.
(2) The date of request is one of the following:
(a) In the EA, ERDC, GA, OSIP, REF, and TANF programs
and for support service payments in the JOBS program authorized by OAR
461-190-0211, the date of request is the day the request for benefits is
received by the Department.
(b) In the SNAP program, this section does not apply.
See OAR 461-115-0040.
(c) In the GAM, HKC, MAA, MAF, OHP, OSIPM, REFM, and
SAC programs, for a new applicant, the date of request is determined as
follows:
(A) The day the request for medical benefits is
received by a Department representative, except as described in paragraphs (B)
and (C) of this subsection.
(B) If the request for medical benefits is received by
a Department representative no later than the next business day after medical
services are received, the date of request is the day these medical services
were received.
(C) An individual’s request to be placed on the OHP
Standard Reservation List (see OAR 461-135-1125) does not establish a date of
request for medical benefits.
(d) In the CEC, CEM, EXT, HKC, MAA, MAF, OHP, OSIPM,
REFM, and SAC programs, for a current recipient, the date of request is one of
the following:
(A) The date the client reports a change requiring a
redetermination of eligibility.
(B) The date the Department initiates a review, except
that the automatic mailing of an application only constitutes a
Department-initiated review when a CEC, CEM, EXT, MAA, MAF, OHP-OPC, OHP-OP6,
OHP-OPP, or OHP-OPU recipient is mailed the DHS 6623 “Client TANF Packet
— PA” redetermination packet.
(C) The date the client establishes a date of request
by contacting the Department orally or in writing or by submitting an
application.
(e) In the SFPSS program:
(A) Except as provided in paragraph (B) of this
subsection, the date of request is the day the client signs the program’s
Interim Assistance Agreement.
(B) The date of request for support service payments is
the day the request for benefits is received by the Department.
Stat. Auth: ORS 409.050, 411.060,
411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.025,
414.826, 414.831, 414.839
Stats. Implemented: ORS 409.050,
411.060, 411.070, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049,
414.025, 414.826, 414.831, 414.839
Hist.: AFS 80-1989, f. 12-21-89,
cert. ef. 2-1-90; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f.
& cert. ef. 4-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 28-1992,
f. & cert. ef. 10-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994,
f. & cert. ef. 2-1-94; AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95; AFS
9-1997, f. & cert. ef. 7-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98;
AFS 9-1999, f. & cert. ef. 7-1-99; AFS 1-2000, f. 1-13-00, cert. ef.
2-1-00; AFS 5-2000, f. 2-29-00, cert. ef. 3-1-00; SSP 17-2004, f. & cert.
ef. 7-1-04; SSP 21-2004, f. & cert. ef. 10-1-04; SSP 14-2006, f. 9-29-06,
cert. ef. 10-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 11-2007(Temp),
f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef.
3-1-08; SSP 12-2008(Temp), f. & cert. ef. 4-17-08 thru 6-30-08; SSP
17-2008, f. & cert. ef. 7-1-08; SSP 23-2008, f. & cert. ef. 10-1-08;
SSP 22-2009(Temp), f. & cert. ef. 8-28-09 thru 2-21-10; SSP 38-2009, f.
12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10
thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 23-2011(Temp), f.
& cert. ef. 8-1-11 thru 1-27-12
461-155-0528
Special Need; Emergency
Assistance; OSIPM
In the OSIPM program, effective August 1, 2011, no
payments may be approved under this rule.
Stat. Auth.: ORS 411.060, 411.070,
411.404, 411.706
Stats. Implemented: ORS 411.060,
411.070, 411.404, 411.704, 411.706
Hist.: SSP 36-2010(Temp), f. &
cert. ef. 10-13-10 thru 4-11-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11;
SSP 3-2011(Temp), f. & cert. ef. 2-1-11 thru 7-31-11; SSP 17-2011, f. &
cert. ef. 7-1-11; SSP 23-2011(Temp), f. & cert. ef. 8-1-11 thru 1-27-12
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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