1. (1) To be eligible for nursing facility services or home and community-based services, a person must:

   1. (a) Be age 18 or older.

   2. (b) Be eligible for the Medicaid OHP Plus benefit package.

      1. (A) Individuals receiving Medicaid OHP Plus under OAR 410-200 coverage for services in a nonstandard living arrangement as defined in OAR 461-001-0000 are subject to the requirements in the same manner as if they were requesting these services under OSIPM, including the rules regarding:

         1. (i) The transfer of assets as set forth in OAR 461-140-0210 to 461-140-0300; and
         2. (ii) The equity value of a home which exceeds the limits as set forth in OAR 461-145-0220.
      2. (B) When an individual is disqualified for a transfer of assets, a notice for transfer of assets is required in accordance with OAR 461-175-0310.
      3. (C) When an individual is determined ineligible for the equity value of a home, a notice for being over resources is required in accordance with 461-175-0200.
   3. (c) Meet the functional impairment level within the service priority levels currently served by the Department as outlined in OAR 411-015-0010 and the requirements in OAR 411-015-0015.
2. (2) To be eligible for services paid through the Spousal Pay Program, an individual must meet the requirements listed above in section (1) of this rule in addition to the requirements in OAR 411-030-0080.
3. (3) Individuals who are age 17 or younger and reside in a nursing facility, are eligible for nursing facility services only and are not eligible to receive home and community-based services administered by the Department's Aging and People with Disabilities.

Statutory/Other Authority

ORS 410.070

Statutes/Other Implemented

ORS 410.060, 410.070 & 414.065

History

APD 58-2022, amend filed 12/22/2022, effective 12/23/2022
APD 25-2022, temporary amend filed 06/14/2022, effective 07/01/2022 through 12/27/2022
APD 9-2015, f. 3-30-15, cert. ef. 4-3-15
APD 49-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15
APD 35-2014, f. & cert. ef. 10-1-14
APD 9-2014(Temp), f. 4-17-14, cert. ef. 4-21-14 thru 10-18-14
SPD 45-2013, f. 12-13-13, cert. ef. 12-15-13
SPD 14-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13
SPD 19-2006, f. 5-26-06, cert. ef. 6-1-06
SPD 19-2005, f. & cert. ef. 12-29-05
SPD 1-2005, f. & cert. ef. 1-4-05
SPD 29-2004(Temp), f. & cert. ef. 8-6-04 thru 1-3-05
SPD 8-2004, f. & cert. ef. 4-27-04
SPD 17-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04
SPD 12-2003, f. 5-30-03, cert. ef. 6-4-03
SPD 1-2003(Temp), f. 1-7-03, cert. ef. 2-1-03 thru 6-3-03
SDSD 11-2002(Temp), f. 12-5-02, cert. ef. 12-6-02 thru 6-3-03
SSD 13-1991, f. 6-28-91, cert. ef. 7-1-91
SSD 7-1991(Temp), f. & cert. ef. 4-1-91