Or. Admin. Code § 461-120-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 461-120-0030 - State of Residence for an Individual in a Medical Facility

In the OSIPM, QMB, and REFM programs, the residency of an individual living in a state or private medical facility such as a hospital, mental hospital, nursing home, or convalescent center is determined as follows:

(1) An individual 21 years of age or older who is capable of indicating intent to reside is considered to be a resident of the state where the individual is living with the intention to remain permanently or for an indefinite period.

(2) An individual 21 years of age or older who became incapable of indicating intent to reside (see OAR 461-120-0050) after attaining 21 years of age is considered to be a resident of the state where the facility is located unless the individual was placed in the facility by a state agency of another state. When a state agency of another state places an individual, the individual is considered to be a resident of the state that makes the placement.

(3) For an individual age 21 or older who became incapable of indicating intent to reside before attaining 21 years of age, the state of residence is one of the following:

(a) The state of residence of the parent applying on the individual's behalf if the parents reside in separate states (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's);

(b) The parent's or legal guardian's state of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or

(c) The current state of residence of the parent or legal guardian who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's).

(d) The state of residence of the individual or party who files an application if the individual has been abandoned by his or her parents, does not have a legal guardian, and is institutionalized in that State.

(e) Oregon, if the individual has been receiving medical assistance in Oregon continuously since November 1, 1981, or is from a state with which Oregon has an interstate agreement that waives the residency requirement.

(4) For an individual less than 21 years of age who is legally emancipated or married and capable of indicating intent to reside the state of residence is determine in accordance with section (1) of this rule. For other individuals under age 21, the state of residence is one of the following:

(a) The state of residence of the individual's parent or legal guardian at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's).

(b) The current state of residence of the parent or legal guardian who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state or residence of the guardian is used instead of the parent's).

(c) The state of residence of the party who applies for benefits on the individual's behalf if the individual has been abandoned by his or her parents, does not have a legal guardian, and is institutionalized in that state.

(d) Oregon, if the individual has been receiving medical assistance in Oregon continuously since November 1, 1981, or is from a state with which Oregon has an interstate agreement that waives the residency requirement.

(e) Notwithstanding any other provision of this section, for individuals receiving federal payments for foster care and adoption assistance under title IV-E of the Social Security Act, the state of residence is the state where the individual lives.

Or. Admin. Code § 461-120-0030

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 16-2014, f. & cert. ef. 7-1-14; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 34-2016, f. 9-30-16, cert. ef. 10/1/2016

Stat. Auth.: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231

Stats. Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 414.231