Current through Register Vol. 63, No. 9, September 1, 2024
In the OSIPM, QMB, and REFM programs, the residency of an
individual living in a state or private medical facility such as a hospital,
mental hospital, nursing home, or convalescent center is determined as follows:
(1) An individual 21 years of age or
older who is capable of indicating intent to reside is considered to be a
resident of the state where the individual is living with the intention to
remain permanently or for an indefinite period.
(2) An individual 21 years of age or older
who became incapable of indicating intent to reside (see OAR
461-120-0050) after attaining 21
years of age is considered to be a resident of the state where the facility is
located unless the individual was placed in the facility by a state agency of
another state. When a state agency of another state places an individual, the
individual is considered to be a resident of the state that makes the
placement.
(3) For an individual
age 21 or older who became incapable of indicating intent to reside before
attaining 21 years of age, the state of residence is one of the following:
(a) The state of residence of the parent
applying on the individual's behalf if the parents reside in separate states
(if a legal guardian has been appointed and parental rights are terminated, the
state of residence of the guardian is used instead of the parent's);
(b) The parent's or legal guardian's state of
residence at the time of placement (if a legal guardian has been appointed and
parental rights are terminated, the state of residence of the guardian is used
instead of the parent's); or
(c)
The current state of residence of the parent or legal guardian who files the
application if the individual is institutionalized in that state (if a legal
guardian has been appointed and parental rights are terminated, the state of
residence of the guardian is used instead of the parent's).
(d) The state of residence of the individual
or party who files an application if the individual has been abandoned by his
or her parents, does not have a legal guardian, and is institutionalized in
that State.
(e) Oregon, if the
individual has been receiving medical assistance in Oregon continuously since
November 1, 1981, or is from a state with which Oregon has an interstate
agreement that waives the residency requirement.
(4) For an individual less than 21 years of
age who is legally emancipated or married and capable of indicating intent to
reside the state of residence is determine in accordance with section (1) of
this rule. For other individuals under age 21, the state of residence is one of
the following:
(a) The state of residence of
the individual's parent or legal guardian at the time of placement (if a legal
guardian has been appointed and parental rights are terminated, the state of
residence of the guardian is used instead of the parent's).
(b) The current state of residence of the
parent or legal guardian who files the application if the individual is
institutionalized in that state (if a legal guardian has been appointed and
parental rights are terminated, the state or residence of the guardian is used
instead of the parent's).
(c) The
state of residence of the party who applies for benefits on the individual's
behalf if the individual has been abandoned by his or her parents, does not
have a legal guardian, and is institutionalized in that state.
(d) Oregon, if the individual has been
receiving medical assistance in Oregon continuously since November 1, 1981, or
is from a state with which Oregon has an interstate agreement that waives the
residency requirement.
(e)
Notwithstanding any other provision of this section, for individuals receiving
federal payments for foster care and adoption assistance under title IV-E of
the Social Security Act, the state of residence is the state where the
individual lives.
Stat. Auth.: ORS
411.060,
411.070,
411.404,
411.706,
411.816,
412.006,
412.014,
412.049,
412.124,
414.231
Stats. Implemented: ORS
411.060,
411.070,
411.404,
411.706,
411.816,
412.006,
412.014,
412.049,
412.124,
414.231
