Or. Admin. Code § 461-175-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-175-0050 - Notice Period

The notice period is used to determine the effective date for taking action when a decision notice (see OAR 461-001-0000) is sent to the filing group (see OAR 461-110-0310):

(1) For a basic decision notice (see OAR 461-001-0000), the notice period is the month in which the notice is mailed.

(2) For a continuing benefit decision notice (see OAR 461-001-0000), the notice period is the budget month from which information is used to initiate the decision notice.

(3) For a timely continuing benefit decision notice (see OAR 461-001-0000), the notice period is the month in which the mailing requirement ends.

(4) Except as provided under sections (5) of this rule, the timely continuing benefit decision notice mailing requirement is:

(a) No later than the first business day following the 15th day of the month:

(A) For cases maintained in the ONE system.

(B) In the GA, OSIP, OSIPM, and QMB programs.

(b) At least fifteen calendar days for individuals in the Address Confidentiality Program (see OAR 461-001-0000) whose cases are maintained in the ODHS mainframe system.

(c) At least ten calendar days:

(A) For all other cases maintained in the ODHS mainframe system.

(B) In the following programs or services:

(i) The State Plan Personal Care Services provided under OAR division 411-034,

(ii) Any Nursing Facility or Medicaid Home and Community-Based Services received for individuals determined eligible under OAR division 411-015, and

(iii) Program of All-Inclusive Care for the Elderly (PACE) under OAR division 411-045.

(5) In all programs except the SNAP program:

(a) If the basis for a decision to reduce, suspend, or close a grant of public assistance or medical assistance is a change to a benefit standard, the timely continuing benefit decision notice mailing requirement is:

(A) At least 30 calendar days before the effective date of the action, or

(B) If the Department has fewer than 60 days before the effective date to implement a change to a benefit standard, the mailing requirement is as provided under section (4) of this rule.

(b) For purposes of this section, the term "change to a benefit standard" means a change to the applicable inflation-adjusted contribution, income, or payment standard. It does not include the annual adjustment to a standard based on a federal or state inflation rate.

Or. Admin. Code § 461-175-0050

AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020through 4/13/2021; SSP 40-2020, temporary amend filed 11/18/2020, effective 11/18/2020 through 4/13/2021; SSP 27-2021, amend filed 03/24/2021, effective 4/1/2021; SSP 53-2022, minor correction filed 11/07/2022, effective 11/7/2022

Statutory/Other Authority: ORS 411.730, 411.816, 412.049, ORS 411.060, 409.050, 411.404, 412.014 & 412.049

Statutes/Other Implemented: ORS 411.060, 411.730, 411.816, 412.049, 411.404, 412.014, 412.049, 192.856, 409.010 & 411.095