Or. Admin. R. 461-160-0855
Excluded Resources for Payments Received Under a Qualified Partnership Policy; OSIPM
Effective Jul 1, 2019ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025, ORS 409.050, 413.085 & 414.685 | Statutes/Other Implemented: 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025 & ORS 409.010Department of Human Services
In the OSIPM program:
- (1) When an individual in a non-standard living arrangement (see OAR 461-001-0000) applies for medical benefits, the Department excludes as a resource an amount equal to the insurance payments received under a Qualified Partnership Policy (see OAR 461-001-0000) as of the initial month (see OAR 461-001-0000) of eligibility, unless the Qualified Partnership Policy was purchased in a state that has elected not to participate in reciprocity.
(2) The exclusion in section (1) of this rule is subject to all of the following:
- (a) It does not apply when home equity exceeds the limit in OAR 461-145-0220(2)(a).
- (b) It applies to all other resources (not covered by subsection (a) of this section), notwithstanding other rules in this chapter of rules that designate the resources as countable (see OAR 461-001-0000).
- (3) For the amount of resources excluded under this rule, the Department will not establish a claim against the estate of the deceased individual in accordance with OAR 461-135-0835.
Statutory/Other Authority
ORS 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025, ORS 409.050, 413.085 & 414.685
Statutes/Other Implemented
411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 411.708, 414.025 & ORS 409.010
History
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 10-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 06/30/2019
SSP 8-2019, amend filed 03/13/2019, effective 04/01/2019
SSP 33-2017, amend filed 12/08/2017, effective 01/01/2018
SSP 32-2010, f. & cert. ef. 10-1-10
SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08