OAR 410-200-0520
COVID-19 Emergency Policies

The provisions in this rule apply to all HSD Medical Program eligibility determinations made as of March 18, 2020.
(1) In accordance with the Families First Coronavirus Response Act (FFCRA) and OAR 410-120-0011 (Effect of COVID-19 Emergency Authorities on Administrative Rules), following the declaration of a national public health emergency (PHE), the Authority adopts temporary measures related to HSD Medical program eligibility.
(2) Notwithstanding any other rule to the contrary in these Chapter 410, division 200 rules, during the COVID-19 PHE, HSD Medical program eligibility shall be determined as set forth in this rule.
(3) Except for individuals receiving coverage during a period of presumptive eligibility (see section 4 of this rule), individuals who were receiving HSD Medical Program benefits on March 18, 2020, or who begin receiving coverage following that date via full eligibility determination shall not have benefits terminated during the national emergency period, with the following exceptions:
(a) Terminations of coverage shall be limited to the following reasons:
(A) Eligibility was approved for an HSD medical program at either initial application or during a redetermination, and it is later determined the decision was incorrect due one of the following:
(i) Administrative error; or
(ii) When a court determines the individual made a false or misleading statement, or misrepresented, concealed, or withheld a fact for the purpose of establishing or maintaining eligibility.
(B) The recipient dies;

(C) The recipient or someone authorized to act on their behalf requests voluntary termination of coverage; or

(D) The recipient is confirmed to no longer be a resident of Oregon.
(b) Coverage will be suspended for individuals who become incarcerated (see OAR 410-200-0140 (Eligibility for Inmates)).
(4) Individuals receiving coverage during a period of presumptive eligibility are not subject to the provisions described in section (3) of this rule, as a full eligibility determination has not been made.
(5) Community Partners (see OAR 410-200-0015 (General Definitions)(27)) are granted authority to perform Presumptive Eligibility determinations pursuant to the policies outlined for Hospital Presumptive Eligibility in OAR 410-200-0105 (Hospital Presumptive Eligibility) for the duration of the PHE.
(6) The agency shall accept self-attestation of all eligibility criteria necessary to determine eligibility with the following exception:
(a) In the event that an individual’s attestation of US citizenship, US national, or non-citizen status cannot be verified via FDSH or electronic verification sources available to the agency, the individual shall be provided a reasonable opportunity period (see OAR 410-200-0015 (General Definitions)(66)) to provide verification of their attestation;
(b) The reasonable opportunity period has been extended to 180 days for the duration of the emergency period;
(c) If the beneficiary fails to submit verification as requested, and the reasonable opportunity period ends during the emergency period, coverage will not be terminated for the duration of the emergency period; and
(d) Upon receipt of verification, the agency will determine ongoing eligibility in accordance with citizenship/non-citizen status requirements described in OAR 410-200-0215 (Citizenship and Non-Citizen Status Requirements).
(7) Federal Pandemic Unemployment Compensation (FPUC) is treated as follows:
(a) FPUC is excluded for all eligibility determinations based on monthly income, as described in 410-200-0310 (Eligibility and Budgeting; MAGI Medicaid/CHIP)(4)(a).
(b) FPUC is counted for all eligibility determinations based on annual income, as described in 410-200-0310 (Eligibility and Budgeting; MAGI Medicaid/CHIP)(4)(b).

(8)

Disaster relief payments as described in 26 U.S. Code §139 are excluded for all HSD Medical Program eligibility determinations, including determinations made based on both monthly (410-200-0310 (Eligibility and Budgeting; MAGI Medicaid/CHIP)(4)(a)) and annual (410-200-0310 (Eligibility and Budgeting; MAGI Medicaid/CHIP)(4)(b)) income.
(9) Individuals receiving Reproductive Health Equity Fund benefits (see OAR 410-200-0240 (Eligibility for Individuals Who Do Not Meet the Citizen and Non-Citizen Status Requirements)(2)(b)) on March 18, 2020, or who begin receiving RHEF benefits following that date, shall retain RHEF benefits for the duration of the emergency period.

Source: Rule 410-200-0520 — COVID-19 Emergency Policies, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=410-200-0520.

410‑200‑0010
Overview 410‑200‑0015
General Definitions 410‑200‑0100
Coordinated Eligibility and Enrollment Process with the Department of Human Services and the Federally Facilitated Marketplace 410‑200‑0105
Hospital Presumptive Eligibility 410‑200‑0110
Application and Renewal Processing and Timeliness Standards 410‑200‑0111
Authorized Representatives 410‑200‑0115
HSD Medical Programs—Effective Dates 410‑200‑0120
Notices 410‑200‑0125
Acting on Reported Changes 410‑200‑0130
Retroactive Medical 410‑200‑0135
Assumed, Continuous, and Protected Eligibility for Children and Pregnant Individuals 410‑200‑0140
Eligibility for Inmates 410‑200‑0145
Contested Case Hearing 410‑200‑0146
Final Orders, Dismissals and Withdrawals 410‑200‑0200
Residency Requirements 410‑200‑0205
Concurrent and Duplicate Program Benefits 410‑200‑0210
Requirement to Provide Social Security Number 410‑200‑0215
Citizenship and Non-Citizen Status Requirements 410‑200‑0220
Requirement to Pursue Assets 410‑200‑0225
Assignment of Rights 410‑200‑0230
Verification 410‑200‑0235
Changes That Must Be Reported 410‑200‑0240
Eligibility for Individuals Who Do Not Meet the Citizen and Non-Citizen Status Requirements 410‑200‑0305
Eligibility Determination Group — MAGI Medicaid/CHIP 410‑200‑0310
Eligibility and Budgeting 410‑200‑0315
Standards and Determining Income Eligibility 410‑200‑0400
Specific Requirements 410‑200‑0405
Specific Requirements 410‑200‑0407
Specific Requirements—Former Foster Care Youth Medical Program 410‑200‑0410
Specific Requirements 410‑200‑0415
Specific Requirements 410‑200‑0420
Specific Requirements 410‑200‑0425
Specific Requirements 410‑200‑0435
Specific Requirements 410‑200‑0440
Specific Requirements 410‑200‑0520
COVID-19 Emergency Policies
Last Updated

Jun. 8, 2021

Rule 410-200-0520’s source at or​.us