OAR 461-180-0040
Effective Dates; Special and Service Needs


(1)

The effective date for a special need is the later of the following:

(a)

The date of request (see OAR 461-115-0030 (Date of Request)) for the special need item; or

(b)

The effective date for OSIPM.

(2)

The effective date for in-home services (see OAR 411-030-0020 (Definitions)) and independent choices program (ICP) benefits (see OAR 411-030-0020 (Definitions)) is determined as follows:

(a)

For individuals currently receiving Medicaid OHP Plus benefits, the effective date is the later of the following:

(A)

The date of request for in-home services or ICP.

(B)

The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040 (Eligibility Criteria).

(C)

The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296 (Length of Disqualification Due to an Asset Transfer; OSIP and OSIPM)).

(b)

For individuals not already receiving Medicaid OHP Plus benefits, the effective date is the later of the following:

(A)

The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015 (Current Limitations)).

(B)

The date of the initial assessment.

(C)

The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040 (Eligibility Criteria).

(D)

The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296 (Length of Disqualification Due to an Asset Transfer; OSIP and OSIPM)).

(3)

The effective date for Title XIX services in a licensed community-based setting or Medicaid-certified nursing facility is the later of the following:

(a)

The date of request for services.

(b)

The date the individual begins residing in the community-based setting or nursing facility.

(c)

The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015 (Current Limitations)).

(d)

The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296 (Length of Disqualification Due to an Asset Transfer; OSIP and OSIPM)).

(4)

The effective date for a reduction or termination in services is the later of the following:

(a)

The end of the timely continuing benefit decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) notice period under OAR 461-175-0050 (Notice Period); and

(b)

The termination date of a service plan.

(5)

The effective date for a reduction or termination of an on-going special need is the end of the timely continuing benefit decision notice, notice period under OAR 461-175-0050 (Notice Period).

Source: Rule 461-180-0040 — Effective Dates; Special and Service Needs, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-180-0040.

Last Updated

Jun. 8, 2021

Rule 461-180-0040’s source at or​.us