Current through Register Vol. 63, No. 3, March 1, 2024
(1) This rule
applies to individuals in the OSIP and OSIPM programs who live in a
nonstandard living arrangement (see OAR
461-001-0000).
(2) A
financial group (see OAR 461-110-0530) containing a member
disqualified due to the transfer of an asset is disqualified from receiving
benefits. The length of a disqualification period resulting from the transfer
is the number of months equal to the uncompensated value (see OAR 461-140-0250)
for the transfer divided by the following dollar amount:
(a) If the initial month
(see OAR 461-001-0000) is prior to October 1, 1998-$2,595.
(b) If the initial month is
on or after October 1, 1998 and prior to October 1, 2000-$3,320.
(c) If the initial month is
on or after October 1, 2000 and prior to October 1, 2002-$3,750.
(d) If the initial month is
on or after October 1, 2002 and prior to October 1, 2004-$4,300.
(e) If the initial month is
on or after October 1, 2004 and prior to October 1, 2006-$4,700.
(f) If the initial month is
on or after October 1, 2006 and prior to October 1, 2008-$5,360.
(g) If the initial month is
on or after October 1, 2008 and prior to October 1, 2010-$6,494.
(h) If the initial month is
on or after October 1, 2010 and prior to October 1, 2016-$7,663.
(i) If the initial month is
on or after October 1, 2016 and prior to October 1, 2018--$8,425.
(j) If the initial month is
on or after October 1, 2018 and prior to October 1, 2020 ---$8,784.
(k) If the initial month is
on or after October 1, 2020 and prior to October 1, 2022---$9,551.
(l) If the initial month is
on or after October 1, 2022--- $10,342.
(3) For transfers by an individual and the
spouse of an individual that occurred before July 1, 2006:
(a) Add together the uncompensated value of
all transfers made in one calendar month and treat this total as one
transfer.
(b) If the uncompensated
value of the transfer is less than the applicable dollar amount identified in
subsections (2)(a) to (2)(l) of this rule, there is no
disqualification.
(c) If there are
multiple transfers in amounts equal to or greater than the applicable dollar
amount identified in subsections (2)(a) to (2)(l) of this rule, each
disqualification period is calculated separately.
(d) The number of months resulting from the
calculation in section (2) of this rule is rounded down to the next whole
number.
(e) Except as provided in
subsection (3)(f) of this rule, the first month of the disqualification is the
month the asset was transferred.
(f) If disqualification periods calculated in
accordance with this rule overlap, the periods are applied sequentially so that
no two penalty periods overlap.
(g)
If both spouses of a couple are in a nonstandard living
arrangement, part of the disqualification is apportioned to each of
them. If one member of the couple is serving a disqualification when the other
member of the couple begins living in a nonstandard living
arrangement, any remaining disqualification is apportioned equally to
each member of the couple. If one spouse is unable to serve the resulting
disqualification period for any reason, the remaining disqualification
applicable to both spouses must be served by the remaining
spouse.
(4) For transfers
by an individual and the spouse of an individual that occurred on or after July
1, 2006:
(a) If there are multiple transfers
by the individual and the spouse of the individual, including any transfer less
than the applicable dollar amount identified in subsections (2)(a) to (2)(l) of
this rule, the value of all transfers are added together before dividing by the
applicable dollar amount identified in subsections (2)(a) to (2)(l) of this
rule.
(b) The quotient resulting
from the calculation in section (2) of this rule is not rounded. The whole
number of the quotient is the number of full months the financial group is
disqualified. This number might be zero full months. The remaining decimal or
fraction of the quotient is used to calculate a partial month disqualification,
which may be in addition to one or more full months. This remaining decimal or
fraction is converted to a number of days by multiplying the decimal or
fraction by the number of days in the month following the last full month of
the disqualification period, if any. If this calculation results in a fraction
of a day, the fraction of a day is rounded down.
(c) Notwithstanding when the Department
learns of a disqualifying transfer, the first month of the disqualification is:
(A) For an individual who transfers an asset
while they are already receiving Department-paid long-term
care (see OAR 461-001-0000) or home and community-based
care (see OAR 461-001-0030) in a nonstandard living
arrangement, the month following the month the asset was transferred,
except that if disqualification periods calculated in accordance with this rule
overlap, the periods are applied sequentially so that no two penalty periods
overlap.
(B) For an applicant who
transfers an asset prior to submitting an application and being determined
eligible and for an individual who transfers an asset while they are already
receiving benefits in a standard living arrangement (see OAR
461-001-0000), the date of request (see OAR 461-115-0030) for
long-term care or home and community-based
care as long as the applicant or individual would otherwise be
eligible but for this disqualification period. If the applicant or individual
is not otherwise eligible on the date of request, the
disqualification begins the first date following the date of
request that the applicant or individual would be otherwise eligible
but for the disqualification period.
(d) If both spouses of a couple are in a
nonstandard living arrangement, part of the disqualification
is apportioned to each of them. If one member of the couple is serving a
disqualification when the other member of the couple begins living in a
nonstandard living arrangement, any remaining disqualification
is apportioned equally to each member of the couple. If one spouse is unable to
serve the resulting disqualification period for any reason, the remaining
disqualification applicable to both spouses must be served by the remaining
spouse.
(5) If an asset
is owned by more than one person, by joint tenancy, tenancy in common, or
similar arrangement, the share of the asset owned by the individual is
considered transferred when any action is taken either by the individual or any
other person that reduces or eliminates the individual's control or ownership
in the individual's share of the asset.
(6) For an annuity that is a disqualifying
transfer under section (11) of OAR 461-145-0022, the disqualification period is
calculated based on the uncompensated value as calculated
under OAR 461-140-0250, unless the only requirement that is not met is that the
annuity pays beyond the actuarial life expectancy of the annuitant. If the
annuity pays beyond the actuarial life expectancy of the annuitant, the
disqualification is calculated according to section (7) of this rule.
(7) If an individual or the spouse of an
individual purchases an annuity on or before December 31, 2005, and the only
requirement that is not met is that the annuity pays benefits beyond the
actuarial life expectancy of the annuitant, as determined by the Period Life
Table of the Office of the Chief Actuary of the Social Security Administration,
a disqualification period is assessed for the value of the annuity beyond the
actuarial life expectancy of the annuitant.
(8) Effective January 1, 2023, the Department
ends the disqualifications previously established under this rule based on an
income cap trust.
Statutory/Other Authority: ORS
413.085,
414.685, ORS
409.050,
411.060,
411.704 & 411.706
Statutes/Other Implemented:
42 USC
1396p, ORS
409.010,
411.060,
411.704 &
411.706