Senior and Disability Services
Disabilities Trust Fund
(1)The Disabilities Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities.
(2)The State Treasurer shall be custodian of the Disabilities Trust Fund and the Oregon Department of Administrative Services, subject to appropriations, shall direct payments for the benefit of low income and indigent people with disabilities or recipients of services from the Department of Human Services, or both, from the trust fund as recommended by the Director of Human Services.
(3)The Director of Human Services may accept for deposit in the Disabilities Trust Fund:
(a)Moneys left to the Disabilities Trust Fund by donors of a self-sufficiency trust described in ORS 410.730 (Self-Sufficiency Trust Fund) (8) at the death of the beneficiary with a disability; and
(b)Bequests and contributions from private donors, corporations or foundations.
(4)The State Treasurer shall credit interest on the Disabilities Trust Fund to the fund.
(5)Moneys in the Disabilities Trust Fund shall be expended only to provide supplemental services to meet the need for care, support or treatment for low income or indigent individuals with developmental disabilities, mental illness or physical disabilities or who are otherwise eligible to receive services or benefits because of disability.
(6)The receipt by a beneficiary of supplementary care, support or treatment provided with money from the Disabilities 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.
(7)The Director of Human Services shall serve as the official who implements the provision of care, support or treatment for the beneficiary from moneys available from the Disabilities Trust Fund. The director shall adopt rules necessary for the administration and implementation of this section.
(8)The care, support or treatment provided under ORS 410.730 (Self-Sufficiency Trust Fund) and this section must conform to the waiver requirements of the federal Centers for Medicare and Medicaid Services.
(9)Upon the death of a named beneficiary of a self-sufficiency trust established under ORS 410.730 (Self-Sufficiency Trust Fund) (8), the balance of any money deposited to the account of the beneficiary in the Self-Sufficiency Trust Fund shall be transferred to the Disabilities Trust Fund for the purposes described in subsection (1) of this section unless the agreement entered into between the Director of Human Services and the self-sufficiency trust under ORS 410.730 (Self-Sufficiency Trust Fund) (3) provides otherwise. The Director of Human Services shall enter into no agreement under ORS 410.730 (Self-Sufficiency Trust Fund) (3) unless the agreement provides that at least 50 percent of any moneys credited to the account of the named beneficiary at the time of the beneficiary’s death be transferred from the Self-Sufficiency Trust Fund to the Disabilities Trust Fund upon the death of the beneficiary. [Formerly 412.710; 2007 c.70 §184]
Notes of Decisions
Agency rules making placement of handicapped and elderly persons factor of their primary service needs and providing for different residential facilities to accommodate persons with different needs were consistent with provisions of this chapter in effect at time petitioner, who was mentally retarded, was refused placement at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)