2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 411
411.404 Determination of eligibility for medical assistance; rules.

(1) The Department of Human Services shall determine eligibility for medical assistance according to criteria prescribed by rule in consultation with the Oregon Health Authority that take into account:

(a) The requirements and needs of the applicant and of the spouse and dependents of the applicant;

(b) The income, resources and maintenance available to the applicant; and

(c) The responsibility of the spouse of the applicant and, with respect to an applicant who is blind or is permanently and totally disabled or is under 21 years of age, the responsibility of the parents.

(2) Rules adopted by the department under subsection (1) of this section:

(a) Shall disregard resources for those who are eligible for medical assistance only by reason of ORS 414.025 (3)(s), except for the resources described in ORS 414.025 (3)(s).

(b) May disregard income and resources within the limits required or permitted by federal law, regulations or orders.

(c) May not require any needy person over 65 years of age, as a condition of entering or remaining in a hospital, nursing home or other congregate care facility, to sell any real property normally used as the person s home.

(3) Notwithstanding subsections (1) and (2) of this section, the authority may adopt rules necessary to implement the Health Care for All Oregon Children program established by ORS 414.231 or applicable provisions of federal law. [Formerly 414.042; 2011 c.602 34; 2011 c.720 103]