OAR 461-160-0590
Assessment of Resources; Community Spouse Provision

In the OSIP and OSIPM programs, this rule applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989.

(1)

The Department assesses a couple’s combined countable (see OAR 461-001-0000 (Definitions for Chapter 461)) resources at the beginning of each continuous period of care when requested by either spouse or by a representative acting on behalf of either spouse (see OAR 461-001-0000 (Definitions for Chapter 461)).

(2)

The Department advises requesting parties of the verification needed to make the assessment. Verification of ownership interest and current value of resources must be provided. When verification is not provided within specified time frames, the Department advises requesting parties that an assessment may not be completed.

(3)

Either spouse has a right to a contested case hearing:

(a)

To contest the Department’s determination of the couple’s countable resources at the time of resource assessment.

(b)

To contest the Department’s method of computing the community spouse’s resource allowance.

(c)

To contest the Department’s determination of the amount of the community spouse’s resource allowance.

(4)

In order to be timely, a hearing request completed about issues under section (3) of this rule must meet the requirements of OAR 461-025-0310 (Hearing Requests).

Source: Rule 461-160-0590 — Assessment of Resources; Community Spouse Provision, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-160-0590 (accessed May 26, 2025).

461–160–0010
Use of Resources in Determining Financial Eligibility 461–160–0015
Resource Limits 461–160–0030
Overview of Costs 461–160–0040
Dependent Care Costs 461–160–0055
Medical Costs That Are Deductible 461–160–0060
Use of Rounding in Calculating Benefit Amount 461–160–0070
Benefits for Less Than a Full Month 461–160–0090
Employment and Independence Expenses 461–160–0100
How Income Affects Eligibility and Benefits 461–160–0140
How Income and Resources are Used to Determine Eligibility and Benefit for EA 461–160–0160
Earned Income Deduction 461–160–0193
Determining Eligibility and Calculating Payment 461–160–0300
Use of Income to Determine Eligibility and Benefits for ERDC 461–160–0400
Use of Income to Determine Eligibility and Benefits 461–160–0410
Use of Income and Income Deductions When There Are Ineligible or Disqualified Group Members 461–160–0415
Medical Deduction 461–160–0420
Shelter Cost 461–160–0430
Income Deductions 461–160–0500
Use of Income to Determine Benefits 461–160–0540
Determining Income Eligibility 461–160–0550
Income Deductions 461–160–0551
Income Deductions 461–160–0552
Income Deductions 461–160–0570
Excluded Resource 461–160–0580
Excluded Resource 461–160–0590
Assessment of Resources 461–160–0600
Availability of Income 461–160–0610
Client Liability 461–160–0620
Income Deductions and Client Liability 461–160–0630
Deduction for Maintaining a Home 461–160–0780
Determining Adjusted Income 461–160–0800
Determining Participant Fee 461–160–0855
Excluded Resources for Payments Received Under a Qualified Partnership Policy

May 26, 2025

Rule 461-160-0590's source at or​.us