Or. Admin. Code § 461-160-0055
Current through Register Vol. 63, No. 11, November 1, 2024
Section 461-160-0055 - Medical Costs That Are Deductible; OSIP, OSIPM, and SNAP(1) This rule applies to SNAP filing group (see OAR 461-110-0370) members who are elderly (see OAR 461-001-0015) or who have a disability (see OAR 461-001-0015), and to clients in the OSIP and OSIPM programs.(2) Medical costs are deductible to the extent a deduction is authorized in OAR 461-160-0415 and 461-160-0430 and in this rule.(3) Health and hospitalization insurance premiums and coinsurance are deductible. In the OSIPM and SNAP programs, health insurance premiums paid less frequently than monthly may be prorated over the period covered by the premium.(4) In the OSIPM and SNAP programs: (a) Long-term care insurance premiums are deductible if the insurance pays for services while an individual is; (A) Receiving home and community-based care (see OAR 461-001-0030);(B) Receiving nursing facility services; or(C) In an intermediate care facility for individuals with intellectual disabilities (ICF/IID).(b) A policy that is set up to pay a lump sum, similar to life insurance, is not deductible.(5) The cost of a medical service is deductible if it is; (a) Provided by, prescribed by, or used under the direction of a licensed medical practitioner; or(b) Except in the SNAP program, a medical necessity approved by the Department.(6) Medical deductions are also allowed for, among other things, the cost of: (a) Medical and dental care, including psychotherapy, rehabilitation services, hospitalization, and outpatient treatment.(b) Prescription drugs and over-the-counter medications prescribed by a licensed practitioner, the annual fee for a drug prescription card, medical supplies and equipment, dentures, hearing aids, prostheses, and prescribed eyeglasses.(c) In the SNAP program, such items as the following: (A) Nursing care, nursing home care, and hospitalization, including payments for an individual who was a member of the filing group immediately prior to entering a hospital or a nursing home certified by the state. Deduction of these payments is also allowed for an individual who was a member of the filing group immediately prior to death if the remaining filing group members are legally responsible for payment of the expenses.(B) Services of an attendant, home health aid, housekeeper, or provider of dependent care necessary due to the client's age or illness, including an amount equal to a one-person SNAP benefit group (see OAR 461-110-0750) if the client furnishes the majority of an attendant's meals.(C) Prescribed assistance animals (such as a Seeing Eye Dog, Hearing Dog, or Housekeeper Monkey) that have received special training to provide a service to the client. This deduction includes the cost of acquiring these animals, their training, food, and veterinarian bills.(D) Reasonable costs for transportation and lodging needed to obtain medical treatment or services.(E) Installment plan arrangements made before a bill becomes past due. The expense is not deducted if the client defaults and makes a second agreement.(7) In the SNAP program, the following costs, even if prescribed by a medical practitioner, are not allowable medical deductions:(a) Costs for and related to medical use of marijuana, including registry identification cards.(b) Costs for items related to special diets which can be purchased with SNAP benefits including, but not limited to, nutritional drinks and organic foods.Or. Admin. Code § 461-160-0055
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 20-2004(Temp), f. & cert. ef. 9-7-04 thru 12-31-04; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 23-2004(Temp), f. & cert. ef. 10-1-04 thru 12-31-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08; SSP 27-2012(Temp), f. & cert. ef. 7-12-12 thru 1-8-13; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13; SSP 8-2013, f. & cert. ef. 4-1-13; SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 9-2015(Temp), f. & cert. ef. 3-10-15 thru 9-5-15; SSP 17-2015, f. & cert. ef. 6/30/2015; 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 22-2021, minor correction filed 02/24/2021, effective 2/24/2021Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816 & 413.085
Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 411.837, 414.685 & 414.839