ORS 410.730
Self-Sufficiency Trust Fund

  • rules

(1)

The Self-Sufficiency Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. Interest earned, if any, shall inure to the benefit of this fund. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities by enabling parents, families and others to plan more secure futures for their dependents with disabilities or other named beneficiaries with disabilities without fear of loss of benefits or invasion of trust principal.

(2)

The State Treasurer shall be custodian of the Self-Sufficiency Trust Fund, and the Oregon Department of Administrative Services shall direct payments from the trust fund upon vouchers properly certified by the Director of Human Services.

(3)

The Director of Human Services may accept money from a self-sufficiency trust described in subsection (8) of this section for deposit in the Self-Sufficiency Trust Fund pursuant to an agreement with the trust. The Department of Human Services shall maintain separate accounting records in the Self-Sufficiency Trust Fund for each named beneficiary and shall promptly credit to each account moneys deposited in the Self-Sufficiency Trust Fund by a self-sufficiency trust described in subsection (8) of this section on behalf of a named beneficiary.

(4)

The agreement, naming one or more beneficiaries residing in this state who have developmental disabilities, mental illness or physical disabilities or persons otherwise eligible for benefits or services due to disability, shall specify the supplementary care, support or treatment to be provided for each named beneficiary with the moneys deposited in the Self-Sufficiency Trust Fund.

(5)

The State Treasurer shall credit interest on the Self-Sufficiency Trust Fund to the fund, and the Department of Human Services shall allocate the interest pro rata to the respective accounts of the named beneficiaries of the Self-Sufficiency Trust Fund.

(6)

The moneys in each account together with any accumulated interest on that account shall be expended only to provide supplementary care, support and treatment for the named beneficiary in accordance with the terms of the agreement. The moneys from each account shall not be expended to provide supplementary care, support and treatment unless the named beneficiary is 18 years of age or older or is emancipated, or the parents of the beneficiary have died, or in cases of extreme, unforeseen hardship. If the agreement so provides, the moneys in each account may be expended for purposes other than providing supplementary care, support and treatment upon a showing of extreme, unforeseen hardship. The Department of Human Services shall by rule establish criteria for determining what conditions constitute extreme, unforeseen hardship allowing expenditure of moneys for purposes other than providing supplementary care, support and treatment.

(7)

In the event that the Director of Human Services determines that the money in the account of a named beneficiary cannot be used for supplementary care, support or treatment of the beneficiary in a manner consistent with the agreement, the remaining money in the account, together with any accumulated interest, shall be promptly returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund.

(8)

A nonprofit corporation that is a 501(c)(3) organization under the United States Internal Revenue Code of 1954 and that is organized under the Nonprofit Corporation Act, Title 13-B, may establish a self-sufficiency trust for the purpose of providing for supplementary care, support or treatment of one or more persons who have developmental disabilities, mental illness or physical disabilities or persons otherwise eligible for benefits or services due to disability by depositing the proceeds in the Self-Sufficiency Trust Fund established under subsections (1) to (7) of this section.

(9)

The receipt by a beneficiary of supplementary care, support or treatment provided with money from the Self-Sufficiency Trust Fund shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law. No interest in the principal or income of this trust shall be anticipated, assigned or encumbered, or shall be subject to any creditor’s claim or to legal process, prior to its actual receipt by the beneficiary. Furthermore, because of the special needs of the beneficiary, no part of the corpus thereof, nor principal nor undistributed income shall be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any public entity, office, department or agency of the State of Oregon or of any other state, or of the United States or any other governmental agency.

(10)

The Director of Human Services shall serve as the official who implements the provision of care, support or treatment for the beneficiary from moneys maintained in the Self-Sufficiency Trust Fund in the beneficiary’s name. The director shall adopt rules necessary for the administration and the implementation of this subsection. [Formerly 412.700; 2007 c.70 §183]

Source: Section 410.730 — Self-Sufficiency Trust Fund; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html.

410.010
State policy for seniors and people with disabilities
410.020
Implementation of state policy
410.030
Legislative findings on long term care options
410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619
410.050
General policy
410.060
Policy for persons with disabilities served by department
410.065
Comprehensive plan for long term care system
410.070
Duties of Department of Human Services
410.072
Determination of annual budget levels for type B area agencies
410.074
Consultation with representatives of type B area agencies on rules establishing methodology
410.075
Authority of department and Oregon Health Authority to hold title to property
410.080
Department as single state agency for specified federal programs
410.090
Department to implement supportive social services for persons age 60 and older
410.100
When department to administer area agency programs
410.120
Senior and Disabled Services Account
410.140
Records
410.150
Use of files
410.160
Limitation on estate claims
410.180
Long term care reimbursement audit manual
410.190
Representation of entities in contested case proceedings before department
410.210
Area agency advisory councils
410.220
Use of state and local resources
410.230
Expenditure of local funds not required
410.240
Operation of type A agencies
410.250
Duties of type A agencies
410.270
Operation of type B agencies
410.280
Duties of type B agencies
410.290
Conditions for designation as type B agency
410.295
Authority of type B agency to regulate adult foster homes
410.300
Transfer of state employees to type B agency
410.320
Governor’s Commission on Senior Services
410.330
Legislator members
410.340
Appointments to fill vacancies
410.410
Definitions for ORS 410.410 to 410.480
410.420
Use of funds for specified services
410.422
Oregon Project Independence Fund
410.425
Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders
410.430
Eligibility for authorized services
410.435
Expansion of Oregon Project Independence
410.440
Priorities for services
410.450
Determinations of eligibility
410.460
Computation of allowable costs
410.470
Fees
410.480
Required record keeping
410.485
Legislative findings
410.490
Duties of department
410.495
Registry for adult day care programs in state
410.505
Definitions for ORS 410.505 to 410.545
410.510
Establishment of procedure for assessment
410.515
Notice of availability of admission assessment services
410.520
When assessment to occur
410.525
Disclosure of fees
410.530
Department authority
410.535
Rules
410.540
Compliance as condition for licensure
410.545
Implementation of ORS 410.505 to 410.545 requires federal funding
410.550
Medicaid Long Term Care Quality and Reimbursement Advisory Council
410.555
Submission of changes to Medicaid reimbursement system to council
410.595
Legislative intent and findings
410.596
Statewide plan to expand access to skilled home care and personal support workforce
410.598
Training and testing for home care workers and personal support workers
410.600
Definitions for ORS 410.595 to 410.625
410.602
Home Care Commission
410.603
Developmental Disabilities and Mental Health Committee
410.604
Duties of commission
410.605
Private pay home care worker program
410.606
Referral of qualified individuals on home care registry
410.607
Home care and personal support worker classifications and payment rates
410.608
Selection of home care or personal support worker
410.612
Collective bargaining
410.614
Rights of home care and personal support workers
410.619
Home care and personal support workers not state employees
410.625
Authority of commission
410.631
Noncompetition agreements voidable by home care worker and personal support worker
410.632
Certain covenants between employer and home care worker or personal support worker voidable by worker
410.710
State policy on persons with disabilities
410.715
Person suffering brain injury to be considered person with disability
410.720
Mental health and addiction services for senior citizens and persons with disabilities
410.730
Self-Sufficiency Trust Fund
410.732
Disabilities Trust Fund
410.740
Oregon Deaf and Hard-of-Hearing Services Program
410.851
Policy on patient-based reimbursement system for long term care facilities
410.890
Civil penalty
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