1. (1) The effective date for a special need is the later of the following:

   1. (a) The date of request (see OAR 461-115-0030) for the special need item; or
   2. (b) The effective date for OSIPM.

2. (2) The effective date for in-home services (see OAR 411-030-0020) and independent choices program (ICP) benefits (see OAR 411-030-0020) is determined as follows:

   1. (a) For individuals currently receiving Medicaid OHP Plus benefits, the effective date is the later of the following:

      1. (A) The date of request for in-home services or ICP.
      2. (B) The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040.
      3. (C) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).

   2. (b) For individuals not already receiving Medicaid OHP Plus benefits, the effective date is the later of the following:

      1. (A) The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015).
      2. (B) The date of the initial assessment.
      3. (C) The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040.
      4. (D) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).

3. (3) The effective date for Title XIX services in a licensed community-based setting or Medicaid-certified nursing facility is the later of the following:

   1. (a) The date of request for services.
   2. (b) The date the individual begins residing in the community-based setting or nursing facility.
   3. (c) The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015).
   4. (d) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).

4. (4) The effective date for a reduction or termination in services is the later of the following:

   1. (a) The end of the timely continuing benefit decision notice (see OAR 461-001-0000) notice period under OAR 461-175-0050; and
   2. (b) The termination date of a service plan.
5. (5) The effective date for a reduction or termination of an on-going special need is the end of the timely continuing benefit decision notice, notice period under OAR 461-175-0050.

Statutory/Other Authority

ORS 411.060, 409.050, 411.404, 413.085 & 414.685

Statutes/Other Implemented

ORS 411.060, 409.010 & 411.404

History

SSP 27-2021, amend filed 03/24/2021, effective 04/01/2021
SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021
SSP 15-2019, amend filed 06/11/2019, effective 07/01/2019
SSP 34-2016, f. 9-30-16, cert. ef. 10-1-16
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 4-2005, f. & cert. ef. 4-1-05
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90