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).


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.

General Definitions
Coordinated Eligibility and Enrollment Process with the Department of Human Services and the Federally Facilitated Marketplace
Hospital Presumptive Eligibility
Application and Renewal Processing and Timeliness Standards
Authorized Representatives
HSD Medical Programs—Effective Dates
Acting on Reported Changes
Retroactive Medical
Assumed, Continuous, and Protected Eligibility for Children and Pregnant Individuals
Eligibility for Inmates
Contested Case Hearing
Final Orders, Dismissals and Withdrawals
Residency Requirements
Concurrent and Duplicate Program Benefits
Requirement to Provide Social Security Number
Citizenship and Non-Citizen Status Requirements
Requirement to Pursue Assets
Assignment of Rights
Changes That Must Be Reported
Eligibility for Individuals Who Do Not Meet the Citizen and Non-Citizen Status Requirements
Eligibility Determination Group — MAGI Medicaid/CHIP
Eligibility and Budgeting
Standards and Determining Income Eligibility
Specific Requirements
Specific Requirements
Specific Requirements—Former Foster Care Youth Medical Program
Specific Requirements
Specific Requirements
Specific Requirements
Specific Requirements
Specific Requirements
Specific Requirements
COVID-19 Emergency Policies
Last Updated

Jun. 8, 2021

Rule 410-200-0520’s source at or​.us