Current through Register Vol. 63, No. 9, September 1, 2024
(1) Applicants,
beneficiaries, or an individual authorized to act on their behalf shall attest
to the following information:
(a) Age and date
of birth;
(b) Application for other
benefits;
(c) Caretaker relative
status;
(d) Household
composition;
(e) Legal
name;
(f) Medicare;
(g) Pregnancy;
(h) Receipt or availability of other
healthcare coverage;
(i)
Residency;
(j) Social Security
number; and
(k) American
Indian/Alaska Native status.
(2) Applicants, beneficiaries, or individuals
authorized to act on their behalf shall make a declaration of US citizenship,
US national, or non-citizen status;
(a)
Self-attested information shall be verified via the federal data services hub
(FDSH) or by electronic verification source available to the Agency;
(b) In the event that attested status cannot
be verified via the FDSH or by electronic verification sources available to the
Agency, self-attested information shall be used to determine eligibility, and
the individual provided a reasonable opportunity period to provide verification
of US citizen, US national, or non-citizen status as outlined in section (e) of
this part. Exceptions to this verification requirement are described in
sections (c) and (d) of this part
(c) Applicants or beneficiaries attesting to
US citizenship are exempt from the requirement to verify their citizenship if
they are one of the following:
(A) Individuals
who are assumed eligible (OAR
410-200-0135);
(B) Individuals who are entitled to or
enrolled in Medicare;
(C)
Individuals who are presumptively eligible for the BCCTP program through the
BCCTP screening program or through the Hospital Presumptive Eligibility process
(OAR 420-200-0400 and
410-200-0105);
(D) Individuals receiving Social Security
Disability Income (SSDI); or
(E)
Individuals whose citizen status was previously documented by the Agency. The
Agency may not re-verify or require an individual to re-verify citizenship at a
renewal of eligibility or subsequent application following a break in
coverage.
(d) Applicants
or beneficiaries age 19 and older who attest to having an immigration status
that is not a qualified non-citizen status (see OAR
410-200-0215(2))
are exempt from the requirement to verify non-citizen status;
(e) US Citizen, US National, and Non-citizen
status verification guidelines:
(A)
Individuals attesting to US citizenship shall verify their status by submitting
any of the documents permitted under section 1903(x) of the Social Security Act
(42 U.S.C.
1396b);
(B) Individuals attesting to non-citizen
status shall verify their status by:
(i)
Submitting documentation or other proof from the Immigration and Naturalization
Service which contains the individual's U.S. Citizenship and Immigrations
Services (USCIS) number (or numbers if the individual has more than one
number); or
(ii) Submitting other
documents the State determines constitutes reasonable evidence indicating a
satisfactory immigration status.
(C) Non-citizens who attest to having no
immigration status shall not be required to verify.
(f) For individuals with a qualified
non-citizen status (see OAR
410-200-0215(2)),
the Agency shall not require verification of the following unless questionable:
(A) Attestation to being continuously present
in the U.S. since August 22, 1996;
(B) Attestation to being an honorably
discharged veteran or in active military duty status; and
(C) Attestation to being the spouse or
unmarried dependent child of an individual identified in subsection (B) of this
part.
(g) Non-citizen
status shall be reviewed and verified at the following times:
(A) Initial determination of
eligibility;
(B) When a report of
change of non-citizen status is received by the Agency.
(3) Applicants, beneficiaries, or
individuals authorized to act on their behalf shall make a declaration of
income:
(a) If the attested income exceeds the
threshold that would produce eligibility for all EDG members, the Authority
shall accept the attested information, deny HSD Medical Programs, and refer to
the Federally Facilitated Marketplace for potential APTC eligibility;
(b) Attested income that would result in
eligibility for one or more EDG members is compared to documentary evidence
through a match with the FDSH or electronic verification sources available to
the Agency. The attestation is considered reasonably compatible, and thus does
not require further verification if:
(A)
Income information obtained via FDSH or other available electronic verification
sources is not discrepant by more than 10% when compared to the attestation;
or
(B) Both the attested income and
information obtained via FDSH or other available electronic verification
sources are within the income threshold for the same HSD Medical
Program.
(c) In the
event that attested income is not reasonably compatible with information
obtained via the FDSH or electronic verification sources available to the
agency, prior to the determination of eligibility the agency will:
(A) Request documentary verification of
income from the individual; or
(B)
If the individual cannot obtain verification of income, a reasonable
explanation as to why.
(4) Applicants, beneficiaries, or individuals
authorized to act on their behalf shall make a declaration of receipt of
private health insurance:
(a) Self-attested
information shall be used to determine eligibility for HSD Medical Programs if:
(A) Information obtained through a match with
the FDSH or electronic verification sources available to the agency does not
conflict with attested information;
(B) Information obtained through a match with
available electronic data conflicts with attested information but does not
affect eligibility; or
(C)
Verification is not available via a match with available electronic data or by
any other method at the time of application processing.
(b) In the event that information obtained
through a match with the FDSH or electronic verification sources available to
the agency conflicts with attested information and may affect eligibility,
private health insurance information shall be verified prior to eligibility
determination.
(5) The
Authority may request that applicants and beneficiaries of medical assistance
provide additional information, including documentation, to verify most
eligibility criteria if attested information is questionable or a discrepancy
is identified.
Statutory/Other Authority: ORS
411.402,
411.404,
413.042 &
414.534
Statutes/Other Implemented: ORS
411.400,
411.402,
411.404,
411.406,
411.439,
411.443,
413.032,
413.038,
414.025,
414.231, 414.447,
414.534,
414.536 &
414.706