Public Assistance and Medical Assistance

ORS 411.119
Prohibition against denial of public assistance or medical assistance based on drug conviction

  • exception


(1)

Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony.

(2)

The Department of Human Services may suspend a person’s supplemental nutrition assistance if:

(a)

The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.752 (Prohibited acts generally) (1)(a) to (c); and

(b)

The person is on probation, parole or post-prison supervision and the agency supervising the person makes a recommendation to the department, pursuant to subsection (3) of this section, that the department suspend the person’s supplemental nutrition assistance.

(3)

When making a recommendation to the department regarding the continuation or suspension of a person’s supplemental nutrition assistance, a supervising authority shall consider, at a minimum, whether there is reason to believe:

(a)

That the person traded the person’s supplemental nutrition assistance for controlled substances; and

(b)

That, as a result of the trading, a member of the person’s household who is a dependent of the person did not receive the supplemental nutrition assistance for which the member is eligible.

(4)

The department shall reinstate the supplemental nutrition assistance of a person whose benefits were suspended under subsection (2) of this section if the department receives a recommendation from the supervising authority to reinstate the benefits pursuant to subsection (5) of this section.

(5)

When making a recommendation to the department regarding the reinstatement of supplemental nutrition assistance, the supervising authority shall consider, at a minimum, the following:

(a)

Whether members of the person’s household are also receiving supplemental nutrition assistance; and

(b)

Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 §46; 2005 c.706 §22; 2009 c.599 §18; 2013 c.688 §38]
Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143


Source

Last accessed
Jun. 26, 2021