Current through Register Vol. 63, No. 9, September 1, 2024
(1) When
establishing eligibility for MAGI Medicaid/CHIP, each applicant or beneficiary
shall have their own Eligibility Determination Group (EDG) determined
individually based on the following EDG rules:
(a) Tax filer EDG:
(A) For individuals who intend to file a
federal income tax return, who are not claimed as a tax dependent by another
individual, the EDG consists of:
(i) The tax
filer;
(ii) The tax filer's spouse,
with the following considerations:
(I) If
living together, the tax filer's spouse is included in the EDG of the tax
filer, irrespective of the spouse's tax filing status; and
(II) If living separately, the tax filer's
spouse is included in the EDG of tax filer if they intend to claim a tax filing
status of Married Filing Jointly.
(iii) All individuals whom the tax filer
intends to claim as tax dependents.
(B) For tax filers who expect to be claimed
as a tax dependent by another individual, the EDG is determined in accordance
with section (1)(b) of this rule.
(b) Tax dependent EDG:
(A) Except as described in subsection (B) of
this part (1)(b)(B), the EDG of an individual who expects to be claimed as a
tax dependent is the same as the EDG of the tax filer who intends to claim
them, as outlined in section (1) of this rule.
(B) For tax dependents who meet any of the
following exceptions, the EDG is determined in accordance with section (3) of
this rule:
(i) The individual is claimed as a
tax dependent by someone other than a parent or spouse;
(ii) The individual is a child living with
both parents but is claimed as a tax dependent by one parent; or
(iii) The individual is a child living with a
parent and is claimed as a tax dependent by a non-custodial parent.
(c) Non-filer EDG:
(A) An individual's EDG is determined in
accordance with this section if:
(i) The
individual does not expect to file a tax return and is not claimed as a tax
dependent;
(ii) The individual does
not expect to file a tax return and cannot substantiate whether or not they
shall be included in the tax return of another individual; or
(iii) The individual expects to be claimed as
a tax dependent and meets an exception described in section (1)(b) of this
rule.
(B) The non-filer
EDG consists of the following individuals, if living in the same household:
(i) The individual;
(ii) The individual's spouse;
(iii) The individual's children;
and
(iv) If the individual is a
child, their parents and child siblings;
(2) When establishing eligibility
for OHP Bridge - Basic Health Program, each individual shall have their own
Eligibility Determination Group (EDG) determined individually based on the
following EDG rules:
(a) Tax filer EDG:
(A) For individuals who intend to file a
federal income tax return, who are not claimed as a tax dependent by another
individual, the EDG consists of:
(i) The tax
filer;
(ii) The tax filer's spouse,
if they intend to claim Married Filing Jointly; and
(iii) All individuals whom the tax filer
intends to claim as tax dependents.
(B) For tax filers who expect to be claimed
as a tax dependent by another individual, the EDG is determined in accordance
with subsection (b) of this section (2)(b).
(b) Tax dependent EDG:
(A) The EDG of an individual who is claimed
as a tax dependent by a tax-filer with whom they live consists of all
individuals included in the tax-filer's EDG.
(B) The EDG of an individual who is claimed
as a tax dependent by someone with whom they do not live is based on non-filer
EDG criteria outlined in subsection (c) of this part.
(c) Non-filer EDG:
(A) An individual's EDG is determined in
accordance with this section if:
(i) The
individual does not expect to file a tax return and is not claimed as a tax
dependent;
(ii) The individual does
not expect to file a tax return and cannot substantiate whether or not they
shall be included in the tax return of another individual;
(iii) The individual expects to be claimed as
a tax dependent by someone outside of their home, as referenced in section
(2)(b)(B) of this part; or
(iv) The
Individual expects to file their tax return using a status of Married Filing
Separately.
(B) The
non-filer EDG consists of the following individuals, if living in the same
household:
(i) The individual;
(ii) The individual's spouse;
(iii) The individual's children;
and
(iv) If the individual is a
child, their parents and child siblings;
(3) Individuals described in this
rule are still considered EDG members if they are temporarily absent from the
household with intent to return to the household when the purpose of their
absence is complete. Reasons for temporary absence include but are not limited
to:
(a) Education;
(b) Military;
(c) Work or training;
(d) Incarceration; or
(e) Hospitalization.
Statutory/Other Authority: ORS
411.402,
411.404 &
413.042
Statutes/Other Implemented: ORS
411.400,
411.402,
411.404,
411.406,
411.439,
411.443,
413.032,
414.025,
414.231, 414.447 &
414.706