In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, an individual is presumed to be incapable of forming an intent to reside if the individual meets the requirements of one or more of the following sections:

1. (1) The individual is assessed with an IQ of 49 or less, based on a test acceptable to the Department.
2. (2) The individual has a mental age of seven years or less, based on tests acceptable to the Department.
3. (3) The individual is judged legally incompetent by a court of competent jurisdiction.
4. (4) The individual is found incapable of indicating intent to reside based on documentation provided by a physician, psychologist or other professional licensed by the state of Oregon in the field of intellectual disabilities.

Statutory/Other Authority

ORS 411.060, 411.070, 411.404, 411.706 & 414.231

Statutes/Other Implemented

ORS 411.060, 411.070, 411.404, 411.706 & 414.231

History

SSP 13-2026, minor correction filed 02/19/2026, effective 02/19/2026
SSP 16-2014, f. & cert. ef. 7-1-14
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90