Loading
The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS

 

DIVISION 185

TRUST AND AGENCY (T & A) ACCOUNTS AND CLIENT PAY-IN

461-185-0010

T & A Overview, When to Use

(1) T&A is a system for handling client funds when the Department is responsible for receiving and disbursing these funds. These accounts are set up when the Department is the client's representative payee for SSB, SSI, Veterans, or other benefits;

(2) Additionally, Seniors and People with Disabilities Division may set up an account when any of the following is true:

(a) There is no one available to assist the client and the client understands the need for the account;

(b) The client is not able to manage their income or resources;

(c) The account balance of a client's nursing facility personal incidental fund is more than $90.

(3) Do not set up a T&A account for people who are under age 18.

Stat. Auth.: ORS 411.060, ORS 411.070, ORS 411.620, ORS 411.630, ORS 411.632, ORS 411.635, ORS 411.640 & ORS 411.816
Stats. Implemented: ORS 411.060
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95

461-185-0020

Authorization of T&A

(1) The client, or their guardian or conservator, authorizes establishment of a T&A account on a form prescribed by the Department.

(2) Spouses must each sign the authorization form to have their funds administered in trust.

(3) Clients not able to sign their name may make a mark. Two people must witness the signing and give their addresses.

Stat. Auth.: ORS 409.050, 411.060, 411.070
Stats. Implemented: ORS 409.050, 411.060, 411.070
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90

461-185-0030

Interest Paid on T&A Accounts

Interest earned from investment of T&A account monies will be put into the T&A accounts on a quarterly basis. Interest will be reported in accordance with IRS regulations on a Department form.

Stat. Auth.: ORS 409.050, 411.060, 411.070
Stats. Implemented: ORS 409.050, 411.060, 411.070
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-1994, f. & cert. ef. 4-1-94

461-185-0050

Client Pay-In System

(1) Except as provided in sections (2) and (3) of this rule, a client who receives home and community-based care (see OAR 461-001-0030) in-home services and has countable income above the payment standard for the benefit group must pay to the Department the lesser of the following amounts as a condition of being eligible for home and community-based care in-home services:

(a) The client's adjusted income (see OAR 461-160-0620).

(b) The actual cost of home and community-based care in-home services.

(2) The service liability of clients in the OSIP-IC and OSIPM-IC programs is calculated in accordance with section (1) of this rule. Clients in the OSIP-IC and OSIPM-IC programs do not pay the Department directly. The IC service payment of these clients will be reduced by the amount of their liability.

(3) A client exempt from payments under OAR 461-160-0610 is exempt from the payment required by this rule.

(4) Each month, the Department will send the client an invoice requesting payment based on the calculation in section (1) of this rule.

(5) Payments must be received by the Department in the month of service.

Stat. Auth.: ORS 411.060, 411.070, 411.404
Stats. Implemented: ORS 411.060, 411.070, 411.404
Hist.: AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​