Current through Register Vol. 63, No. 12, December 1, 2024
(1) The Oregon Health Authority (Authority) will cooperate and
collaborate with the Department of Human Services (Department) in order to
effectively coordinate services to individuals, families and communities and
realize operational efficiencies in the administration of services that are
shared between them ("shared services").
(2) For all the programs, functions, and duties with respect to
health or health care (generally described in Oregon Laws 2009, chapter 595,
section 19(1)(a)), transferred to the Authority from the Department
("transferred program") or for shared services, the Authority declares
that:
(a) All transferred program rules shall remain in effect until
superceded by adoption of Authority rules or adoption of rules by the Authority
coordinating shared services with the Department.
(b) All transferred program administration, policies, and
procedures remain in effect pending the completion of review and adoption by
the Authority or adoption of such policies and procedures related to
coordination of shared services with the Department.
(c) Any judicial or administrative action, proceeding,
contested case hearing, or administrative review matters, or new action,
proceeding, or matter involving or relating to the duties or powers transferred
to the Authority are the responsibility of the Authority.
(d) Rights and obligations legally incurred under transferred
program contracts, leases, and business transactions remain legally valid and
are the responsibility of the Authority.
(e) Statutorily required filings, notices or service of papers,
applications, notices or other documents to be mailed, provided to, or served
on the Authority shall be mailed, provided to, or served on the Authority. Any
notices required by ORS 113.145, 114.525, 115.003 and 130.370 to be sent to the
Authority may be consolidated with similar notices to the Department and sent
to the Estate Administration Unit of the Department. Any notices required by
ORS 416.530 to be sent to the Authority may be consolidated with similar
notices to the Department and sent to the Personal Injury Lien Unit of the
Department Any consolidated notice shall be considered notice to the Authority
as long as the Authority's interest or claim in the matter is identified in the
notice consistent with requirements in applicable statute.
(f) A reference to an Administrator or Assistant Director in
any transferred program rule of the Authority means the Director of the
Authority's program that is covered by that chapter of the Oregon
Administrative Rules or the Authority's program specified in the rule.
(3) As the state Medicaid agency for the administration of
funds from Titles XIX and XXI of the Social Security Act, the Authority is
charged with the administration of the medical assistance program. The
Authority is responsible for facilitating outreach and enrollment efforts to
connect eligible individuals with all available publicly funded health
programs.
(a) The Authority and the Department recognize that there are
many points of interconnection between their programs and the individuals who
receive services through these programs. In addition, there are areas of
natural connection between the Authority and the Department based upon the
former and current structures of the Department in the administration of the
medical assistance program.
(b) The Authority shall work cooperatively with the Department
in the administration of the medical assistance program and to facilitate the
outreach and enrollment in the program, including making determinations of
eligibility and service need for medical assistance. The Authority has
designated the Department as the operating agency for home and community-based
waiver services and as an Organized Health Care Delivery System.
(c) The Authority and the Department are authorized by state
law to delegate to each other any duties, functions and powers that they deem
necessary for the efficient and effective operation of their respective
functions. The Authority and the Department will work together to adopt rules
to assure that medical assistance eligibility requirements, procedures, and
determinations are consistent across both agencies. The Authority has
authorized the Department to determine medical eligibility for medical
assistance. Where that responsibility is given to the Department under ORS
Chapter 411, the Department has delegated to the Authority the duties,
functions, and powers to make medical eligibility determinations in accordance
with OAR 410-120-0006.
(d) Where statute establishes duties and functions of the
Authority or the Department in relation to medical assistance as a public
assistance program, the Authority and the Department shall cooperate in the
effective administration of the program.
