Current through Register Vol. 63, No. 9, September 1, 2024
(1) In the SNAP program:
(a) A
timely continuing benefit
decision notice (see OAR
461-001-0000) is sent to
terminate, suspend, or reduce benefits if the notice occurs as a result of any
of the following situations:
(A) An individual
has been admitted or committed to an institution.
(B) An individual has been placed in foster
care, skilled nursing care, intermediate care, or long-term
hospitalization.
(C) An individual
is placed in official custody or a correctional facility.
(D) An individual enters a drug or alcohol
residential treatment facility.
(E)
An individual leaves a drug or alcohol residential treatment facility without
reapplying for SNAP benefits.
(b) No
decision notice (see
OAR 461-001-0000) is required if the
Department determines that a resident of a
group living (see
OAR 461-001-0015) facility or a drug
or alcohol treatment center is ineligible as a result of one of the following
actions taken against the center or facility:
(A) Disqualification by Food and Nutrition
Services (FNS) as an authorized representative.
(B) Loss of certification with the
Department.
(c) A
resident of a facility that is disqualified or loses its certification as
described in subsection (b) of this section may still qualify for SNAP benefits
through a separate application.
(2) Except as provided in section (3) of this
rule, for all programs except the SNAP program, a basic decision
notice (see OAR
461-001-0000) is sent to
terminate, suspend, or reduce benefits in each of the following situations:
(a) The individual has been admitted or
committed to an institution, or the individual loses Medicaid eligibility while
in the institution.
(b) The
individual has been placed in skilled nursing care, intermediate care, or
long-term hospitalization.
(c) The
individual is placed in official custody or a correctional facility.
(3) Except as provided in OAR
461-175-0300, in the OSIPM
program, a individual receiving home and community-based care
(see OAR 461-001-0030) or long-term care
services is sent -
(a) A
timely
continuing benefit decision notice in each of the following
situations:
(A) A reduction or closure of
services occurs as the result of a process of reevaluating both the functional
impairment levels of an individual and the requirements of an individual for
assistance in performing activities of daily living.
(B) Services are closing because the
individual has not paid the patient liability under OAR
461-160-0610 or
participant fee (see OAR
461-001-0035).
(C) The individual receives OSIPM-ICP
benefits, and benefits will end under OAR
411-030-0100.
(D) There is a change in special needs as
described in OAR 461-180-0040.
(E) Except as provided in subsection (b) of
this section, when there is an increase in the patient liability or
participant fee as described in OAR
461-160-0610 and OAR
461-160-0800.
(b) A
continuing benefit
decision notice (see OAR
461-001-0000) when there is an
increase in a patient liability or
participant fee as a result
of any of the following:
(A) A cost-of-living
adjustment (COLA).
(B) A mass
change under a program operated by a federal agency.
(C) A mass change to payments in a program
operated by the Department.
(c) A basic decision notice
when there is a decrease in the patient liability or participant
fee.
Statutory/Other Authority: ORS
329A.500,
409.050,
411.060,
411.101,
411.404,
411.816,
412.014,
412.049,
413.085 &
414.685
Statutes/Other Implemented: ORS
411.060,
411.085,
411.095,
411.099,
411.101,
411.103,
411.816,
412.014 &
412.049
