OAR 461-175-0230
Notice Situation; Nonstandard Living Situations


Retroactively effective July 6, 2020:

(1)

In the SNAP program:

(a)

A timely continuing benefit decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) 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 (Definitions for Chapter 461)) is required if the Department determines that a resident of a group living (see OAR 461-001-0015 (Definitions; SNAP)) 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 (Definitions for Chapter 461)) 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 (Notice Situation; Prior Notice), in the OSIPM program, a individual receiving home and community-based care (see OAR 461-001-0030 (Definitions; OSIP, OSIPM Long-Term Care or Home and Community-Based Care)) 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 client liability (see OAR 461-160-0610 (Client Liability; OSIPM (except OSIPM-EPD))) or participant fee (see OAR 461-001-0035 (Definitions; OSIP-EPD and OSIPM-EPD)).

(C)

The individual receives OSIPM-ICP benefits, and benefits will end under OAR 411-030-0100 (Independent Choices Program).

(D)

There is a change in special needs as described in OAR 461-180-0040 (Effective Dates; Special and Service Needs).

(E)

Except as provided in subsection (b) of this section, when there is an increase in the client liability or participant fee as described in OAR 461-160-0610 (Client Liability; OSIPM (except OSIPM-EPD)) and OAR 461-160-0620 (Income Deductions and Client Liability; Long-Term Care Services or Home and Community-Based Care; OSIPM).

(b)

A continuing benefit decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) when there is an increase in a client 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 client liability or participant fee.

Source: Rule 461-175-0230 — Notice Situation; Nonstandard Living Situations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-175-0230.

Last Updated

Jun. 8, 2021

Rule 461-175-0230’s source at or​.us