411 - oregonlegislature.gov · 411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered 411.970 in...

Chapter 4112017 EDITION

Public Assistance and Medical Assistance

GENERAL PROVISIONS411.010 Definitions411.060 Rules411.070 Statewide standards for public assistance;

rules411.072 Public process required if waiver of fed-

eral requirement involves policy change411.075 Family Services Review Commission; ap-

pointment; duties

APPLICATION; DETERMINATION;RECONSIDERATION

411.081 Public assistance application required;declaration of eligibility; report on changein circumstance; recovery of assistancefrom SSI award

411.083 Income and resources that may be disre-garded in determining eligibility for publicassistance and medical assistance; rules;presentation of fiscal analysis to Emer-gency Board

411.085 Reconsideration of grants of public assist-ance

411.087 Statement required to obtain public as-sistance

411.089 Receipts for documents supplied by appli-cants for and recipients of public assist-ance or medical assistance

411.091 Time for issuance of public assistance; ef-fect of delay

411.093 Treatment of public assistance applicantsand recipients; grievance procedure

NOTICE AND HEARING411.095 Notice and hearings for public assistance

and medical assistance; rules411.097 Content of notices of termination of pub-

lic assistance411.099 Assessment for service eligibility411.101 Service eligibility notification procedures

and standards for communications; rules411.103 Notice by regular or electronic mail to

recipient of public assistance or medicalassistance; final order by default

PAYMENTS AND DELIVERY OFSERVICES

411.116 Department contracts and intergovern-mental agreements for providing socialservices to individuals; rules

411.117 Requirements when victims of domesticviolence apply for or receive TANF; con-fidentiality

411.119 Prohibition against denial of public as-sistance or medical assistance based ondrug conviction; exception

411.121 Local district pilot projects; rules411.122 Department to make dependent care pay-

ments directly to providers411.128 Department’s acceptance of gifts and

grants for scholarships

411.135 Department cooperation with federal gov-ernment in research and training person-nel

411.137 Contributions by state and counties formedical assistance demonstration projectsunder ORS 411.135

FINANCING OF PUBLIC ASSISTANCE411.141 Authorized expenditures by department

for public assistance and OSIP medicalassistance

411.142 Quarterly allocation of funds for eachcategory of public assistance

411.144 Deposit of funds received for public as-sistance purposes; appropriation

411.146 Payment of public assistance claims; rules411.148 Public Welfare Account411.149 Advancements from Public Welfare Ac-

count to meet public assistance claimspayable from federal funds

411.151 Department of Human Services revolvingfund

MISCELLANEOUS PROVISIONSRELATING TO PUBLIC ASSISTANCE

411.154 Report to Legislative Assembly411.171 Certain job referrals prohibited; eligibility

not conditioned on employment at work-place involved in labor dispute

411.175 Scholarships and grants for public assist-ance recipients

CONFIDENTIALITY OF RECORDS411.300 Use and custody of records; authorization

for department to combine data systemwith Oregon Health Authority; rules

411.320 Disclosure and use of records limited topurposes connected to administration ofpublic assistance programs; contents asprivileged communication; exceptions

411.335 Prohibited use of lists or names

MEDICAL ASSISTANCE411.400 Application for medical assistance411.402 Procedures for verifying eligibility for

medical assistance; rules411.404 Determination of eligibility for medical

assistance; rules411.406 Notice of change in circumstances411.408 Hearing on eligibility for medical assist-

ance; rules411.435 Enrollment of medical assistance program

clients; agreements with local govern-ments

411.439 Suspension of medical assistance of per-sons with serious mental illness admittedto state hospital

411.447 Suspension of medical assistance providedto inmates

411.463 Availability of information on all licensedhealing arts

Title 34 (2017 Edition)

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

INVESTIGATIONS AND RECOVERY OF PUBLIC ASSISTANCE AND

MEDICAL ASSISTANCE411.593 Investigations; power to subpoena, ad-

minister oaths, take depositions and fixwitness fees

411.594 Petition for enforcement of subpoena is-sued under ORS 411.593

411.596 Court order to show cause issued uponfiling of petition for enforcement of sub-poena

411.597 Court may compel appearance of witnessbefore petitioner

411.610 Indorsement by others of assistancechecks or warrants payable to deceasedrecipient; disposition of proceeds

411.620 Recovery of public assistance or medicalassistance obtained or disposed of unlaw-fully

411.630 Unlawfully obtaining public assistance ormedical assistance

411.632 Relief where assets transferred, removedor secreted

411.635 Recovery of improperly disbursed publicassistance or medical assistance

411.640 Overpayments of public assistance ormedical assistance

411.660 Modification, cancellation or suspensionof public assistance

411.670 Definitions for ORS 411.640, 411.670, 411.675and 411.690

411.675 Submitting wrongful claim for paymentof public assistance or medical assistance

411.690 Liability of person wrongfully receivingpayment of public assistance or medicalassistance; amount of recovery; rules

411.692 Definition for ORS 93.268 and 411.694411.694 Request for notice of transfer or encum-

brance of real property held by recipientof public assistance or medical assistance;rules

411.703 Issuance of warrants for overpayment ofpublic assistance or medical assistance

OREGON SUPPLEMENTAL INCOMEPROGRAM

411.704 Definitions for ORS 411.141, 411.706 and411.708

411.706 Oregon Supplemental Income Program411.708 Recovery of supplemental income program

assistance from certain estates; excep-tions; certain transfers of propertyvoidable

GENERAL ASSISTANCE411.710 Basis for granting general assistance;

rules411.720 Residence required of applicants for gen-

eral assistance411.730 Application for general assistance; deter-

mination of eligibility and amount ofgrant

411.740 General assistance administration411.750 Cooperation with federal government in

providing general assistance411.752 General assistance project established

411.753 Advisory group for general assistanceproject

411.760 Assistance grants are inalienable411.790 Assistance to certain persons receiving

employment income411.795 Claim against estate of deceased recipient

of general assistance

SPOUSAL CARE411.802 Compensation for in-home care by spouse411.803 When spouse may be compensated for in-

home care

SUPPLEMENTAL NUTRITIONASSISTANCE PROGRAM

411.806 Definitions for ORS 411.806 to 411.845411.811 Distribution by tribal councils; duties of

department with respect to food distrib-ution programs; rules

411.813 Farm Direct Nutrition Programs author-ized; rules

411.816 Eligibility for and amount of assistance;rules(Temporary provisions relating to applica-tion by Department of Human Servicesfor waiver of SNAP requirements withrespect to installment payments of de-pendent care tax credits are compiled asnotes following ORS 411.816)

411.825 Administration of Supplemental NutritionAssistance Program

411.827 Appropriation of sums received from fed-eral government

411.830 Payment of losses from program411.837 Compliance with state and federal laws

required411.840 Unlawfully obtaining or disposing of sup-

plemental nutrition assistance

411.845 Prosecution; costs; accounting

COMMUNITY WORK AND TRAINING PROGRAMS

411.855 Definitions for ORS 411.855 to 411.870

411.860 Community work and training programsauthorized for general assistance appli-cants or recipients

411.865 Denial of general assistance to applicantsor recipients for failing to participate incommunity work program; causes; rules

411.870 Approval of programs; rules

411.875 Status of applicants, recipients, benefici-aries and trainees under community workand training program; workers’ compen-sation coverage

JOBS PLUS PROGRAM

411.877 Definitions for program

411.878 Intent; state program creation; rules

411.880 Exemptions and waivers from federal lawto be obtained

411.882 Maximizing use of federal grants and ap-portionments


PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE

411.886 JOBS Plus Advisory Board; duties; mem-bership

411.888 Vacancies on board; chairperson; meet-ings

411.889 Contracting with private institutions411.890 JOBS Plus Implementation Council; du-

ties; membership411.892 Employer eligibility; job requirements;

program participant eligibility; termi-nation of participation; job assignment;exemptions; wages; reimbursement of em-ployers

411.894 Oregon JOBS Individual Education Ac-count; employer contribution; participantaccess; administered by Office of StudentAccess and Completion

411.896 Annual report on program

DISPLACED HOMEMAKERS411.900 Definitions for ORS 411.900 to 411.910411.905 Programs for displaced homemakers;

scope of activities411.910 Contracts with public and private agen-

cies to carry out programs

PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE ACCESSIBILITY

411.965 Policy on program accessibility411.967 Forms and notices to be in plain language411.969 Informational materials for applicants411.970 When bilingual services required

PENALTIES411.990 Penalties


PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 411.072

Note: 414.025 contains definitions for ORS chapter411.

GENERAL PROVISIONS411.010 Definitions. As used in this

chapter and in other statutes providing forassistance and services to needy persons,unless the context or a specially applicablestatutory definition requires otherwise:

(1) “General assistance” means assist-ance or service of any character provided toneedy persons not otherwise provided for tothe extent of such need and the availabilityof funds, including medical, surgical andhospital or other remedial care.

(2) “Public assistance” means the follow-ing types of assistance:

(a) Temporary assistance for needy fami-lies granted under ORS 412.001 to 412.069;

(b) General assistance granted underORS 411.710 to 411.730 or 411.752;

(c) Assistance provided by the OregonSupplemental Income Program;

(d) General assistance other than generalassistance granted under ORS 411.710 to411.730 or 411.752; and

(e) Any other functions, except the ad-ministration of medical assistance by theOregon Health Authority, that may be de-legated to the Director of Human Servicesby or in accordance with federal and statelaws. [Amended by 1961 c.620 §1; 1963 c.599 §1; 1965c.556 §15; 1969 c.597 §228; 1971 c.779 §7; 1973 c.464 §1;1997 c.581 §4; 2005 c.381 §4; 2011 c.720 §90; 2013 c.688 §32;2015 c.70 §5; 2016 c.93 §3]

411.040 [1969 c.597 §227; 1983 c.740 §140; 1999 c.59§106; repealed by 2001 c.900 §261]

411.050 [Amended by 1969 c.314 §34; repealed by1969 c.597 §281]

411.060 Rules. Subject to ORS 417.300and 417.305, the Department of Human Ser-vices shall adopt and enforce rules necessaryto ensure full compliance with federal andstate laws relating to public assistance pro-grams and functions administered by the de-partment. [Amended by 1969 c.597 §229; 1971 c.319§8; subsection (2) enacted as 1971 c.779 §72; 1977 c.267§17; 1989 c.834 §15; 2003 c.14 §178; 2005 c.381 §5; 2011c.720 §91]

411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered411.970 in 2009]

411.064 [1979 c.834 §3; repealed by 2001 c.900 §261]

411.070 Statewide standards for publicassistance; rules. (1) The Department ofHuman Services shall adopt by rule state-wide uniform standards for all public assist-ance programs and shall effect uniformobservance of the rules throughout the state.

(2) In establishing uniform statewidestandards for public assistance, the depart-

ment, within the limits of available funds,shall:

(a) Take into consideration all basic re-quirements for a standard of living compat-ible with decency and health, including food,shelter, clothing, fuel, public utilities, tele-communications service, medical care andother essential items and, upon the basis ofinvestigations of the facts, shall providebudgetary guides for determining minimumcosts of meeting such requirements.

(b) Develop standards for making pay-ments and providing support services in thejob opportunity and basic skills program de-scribed in ORS 412.006. [Amended by 1955 c.613§1; 1969 c.597 §229a; 1971 c.779 §8; 1987 c.447 §129; 1991c.122 §9; 1993 c.18 §99; 1999 c.1093 §15; 2001 c.900 §219;2003 c.567 §3; 2007 c.861 §13; 2011 c.720 §92; 2013 c.688§34]

411.072 Public process required ifwaiver of federal requirement involvespolicy change. (1) As used in this section“policy change” includes any change in theoperation of public assistance programs thataffects recipients adversely in any substan-tial manner, including but not limited to thedenial, reduction, modification or delay ofbenefits. “Policy change” does not includeany procedural change that affects internalmanagement but does not adversely and sub-stantially affect the interest of public assist-ance recipients.

(2) The Department of Human Servicesmay submit applications for waiver of federalstatutory or regulatory requirements to thefederal government or any agency thereof.Prior to the submission of any application forwaiver that involves a policy change, andprior to implementation, the departmentshall do the following:

(a) Conduct a public process regardingthe waiver application or application forwaiver renewals;

(b) Prepare a complete summary of thetestimony and written comments receivedduring the public process;

(c) Submit the application for waiver orapplication for waiver renewals involving apolicy change to the legislative reviewagency, as described in ORS 291.375, andpresent the summary of testimony and com-ments described in this section; and

(d) Give notice of the date of its appear-ance before the Emergency Board, the JointInterim Committee on Ways and Means orthe Joint Committee on Ways and Means inaccordance with ORS 183.335, and before theFamily Services Review Commission.[Formerly 411.595; 2011 c.720 §93; 2012 c.107 §13]

Note: 411.072 was added to and made a part ofORS chapter 411 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.


411.075 HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

411.075 Family Services Review Com-mission; appointment; duties. (1) There isestablished the Family Services ReviewCommission consisting of no more than 16members. The members shall be appointed bythe Governor for a term of four years. Inmaking the appointments, the Governor shallconsider individuals who are or have partic-ipated in programs administered by the De-partment of Human Services and individualswho represent diverse geographic areas, cul-tural and ethnic perspectives and profes-sional experiences. The Governor mayappoint members who are employees of thedepartment but such members may not com-pose more than 25 percent of the membershipof the commission or hold a leadership posi-tion in the commission.

(2) Members of the commission who arenot public employees shall receive compen-sation and expenses as provided in ORS292.495.

(3) The commission shall advise and con-sult with the Director of Human Services onall matters affecting the quality of the expe-rience of and the equitable attainment ofsuccessful outcomes for families and individ-uals seeking stability and self-sufficiencythrough participation in the department’sprograms.

(4) The commission shall, through itschairperson, have access to information thatis reasonably necessary to carry out thecommission’s advisory and consultative func-tions. [Formerly 411.125; 2015 c.765 §8]


411.077 [Formerly 411.145; repealed by 2015 c.765§28]

411.078 [Formerly 411.155; repealed by 2015 c.765§28]


APPLICATION; DETERMINATION;RECONSIDERATION

411.081 Public assistance applicationrequired; declaration of eligibility; reporton change in circumstance; recovery ofassistance from SSI award. (1) A personseeking public assistance shall file an appli-cation for public assistance with the Depart-ment of Human Services. At the time ofapplication, the applicant shall declare to thedepartment any circumstance that directlyaffects the applicant’s eligibility to receiveassistance or the amount of assistance avail-able to the applicant. Upon the receipt ofproperty or income or upon any other changein circumstances that directly affects the el-igibility of the recipient to receive assistanceor the amount of assistance available to the

recipient, the applicant, recipient or otherperson in the assistance household shall im-mediately notify the department of the re-ceipt or possession of such property orincome, or other change in circumstances.The department shall recover from the re-cipient the amount of assistance improperlydisbursed by reason of failure to comply withthe provision of this section.

(2) The department may recover any cashassistance granted for general assistance un-der ORS 411.710 to 411.730 and 411.752, andthe recipient’s portion of the aid described inORS 412.014 (3), that has been paid to anyrecipient 18 years of age or older when therecipient is presently receiving or subse-quently receives Supplemental Security In-come. The amount of recovery shall belimited to the total amount of SupplementalSecurity Income that was received for thesame time period that the general assistanceor the aid received under ORS 412.014 wasbeing paid.

(3) Nothing in subsection (1) or (2) of thissection shall be construed as to prevent thedepartment from entering into a compromiseagreement for recovery of assistance improp-erly disbursed, if the department determinesthat the administration and collection costsinvolved would exceed the amount that canreasonably be expected to be recovered.[Formerly 411.105; 2011 c.46 §2; 2011 c.720 §95; 2013 c.688§35; 2016 c.93 §4]

411.083 Income and resources thatmay be disregarded in determining eligi-bility for public assistance and medicalassistance; rules; presentation of fiscalanalysis to Emergency Board. (1) The De-partment of Human Services, in consultationwith the Oregon Health Authority, may pre-scribe by rule that income and resources maybe disregarded in the determination of eligi-bility and the amount of need with respectto a recipient of or applicant for public as-sistance under ORS 411.706 and ORS chapter414, if required by federal law or rulesadopted pursuant thereto or if authorized bythe Legislative Assembly, including any in-crease in the amount of assistance that isauthorized by section 4, Public Law 93-233(87 Stat. 953) and which is also being paid onMarch 5, 1974.

(2) The department, in consultation withthe authority, shall prescribe by rule that inthe determination of eligibility and theamount of need with respect to a recipientof or applicant for public assistance underORS 411.706 and ORS chapter 414:

(a) Any increase in the amount of assist-ance provided under Title XVI of the SocialSecurity Act to meet changes in the cost ofliving that is an increase over that amountbeing paid on January 1, 1977, pursuant to



an Act of Congress and which will first bepaid after January 1, 1977, shall be disre-garded.

(b) Up to $10,000 equity value of any li-censed and unlicensed vehicles owned by theapplicant or recipient is exempt from consid-eration as a resource.

(3) The department shall implement sub-section (2)(b) of this section statewide to theextent possible that is consistent with federalregulation to maintain state eligibility forfederal participation in public assistanceprograms. In the event the department de-termines that this policy has a net fiscal costto the state, the department shall present thefiscal analysis to the Emergency Board foradditional funding or direction to modify orsuspend the policy. [Formerly 411.700; 2011 c.720§96; 2015 c.348 §23]


411.085 Reconsideration of grants ofpublic assistance. (1) The Department ofHuman Services may reconsider a grant ofgeneral assistance or a grant of public as-sistance only for the following purposes:

(a) To correct an inadvertent clerical ormathematical error made when determininga grant of general assistance or a grant ofpublic assistance;

(b) To correct misinformation provided toan applicant or recipient by the department;

(c) To consider facts not previouslyknown to the department;

(d) To correct errors caused by a misap-plication of the law by the department;

(e) To consider substantive changes inthe applicable law; or

(f) To consider a change in circumstancesthat directly affects the eligibility of a recip-ient of general assistance or public assist-ance.

(2) A recipient of general assistance orpublic assistance may request reconsider-ation of a grant of general assistance or agrant of public assistance for the purposesdescribed in subsection (1) of this section.

(3) If the department reduces, suspendsor terminates a grant of general assistanceor a grant of public assistance after recon-sideration under subsection (1) of this sec-tion, the department shall provide anopportunity for a hearing under ORS chapter183.

(4) Notwithstanding subsection (1) of thissection, the department may conduct periodicredeterminations of eligibility of recipientsof grants of general assistance or grants ofpublic assistance and participate in audits

and other review activities as required bystate or federal law. [Formerly 411.111]

411.087 Statement required to obtainpublic assistance. (1) Every person 18 yearsof age or over who applies for or receivesany type of general assistance or public as-sistance, as defined in ORS 411.010, whetherthe general assistance or public assistance isapplied for or received for the benefit of theperson or of another individual, shall executeto the Department of Human Services at thetime of making the application, and at suchtimes as may be required by the department,written statements relating to each individ-ual for whose benefit the general assistanceor public assistance is applied for or re-ceived, and to any person who has a duty tosupport the individual, or to whom the indi-vidual owes a duty of support. The state-ments must include, but need not be limitedto, as much of the following information, re-lating to each individual or other person, asmay be specified or required by the depart-ment:

(a) The name of the individual, address,date and place of birth, residence, family re-lationships, and the composition of thehousehold in which the individual lives;

(b) The financial circumstances of theindividual and means of and ability for sup-port of the individual and other individuals,including but not limited to information con-cerning:

(A) The employment of the individual andthe nature and amount of the income of theindividual, from whatever source derived;

(B) The tangible and intangible assets ofthe individual, property and resources of anynature including, but not limited to, money,real and personal property, rights and ex-pectancies as an heir, devisee, legatee, trus-tee or cestui que trust, and any rights,benefits, claims or choses in action, whetherarising in tort or based upon statute, con-tract or judgment; and

(C) Other information as may be requiredby the department pursuant to state or fed-eral laws applicable to general assistance orpublic assistance.

(2) All applications for general assistanceor public assistance and all statements re-ferred to in subsection (1) of this sectionshall be upon forms prescribed and furnishedby the department. Each statement shall besubscribed by each individual who executesor joins in the execution of the statement.

(3) The spouse of any individual who ap-plies for or receives general assistance orpublic assistance may be required by the de-partment to join in the execution of, or sep-arately to execute, any statement referred toin subsection (1) of this section, under oath



or affirmation, except during any period inwhich it appears to the department that:

(a) The individual and the spouse of theindividual are estranged and are living apart;

(b) The spouse is absent from this stateor the whereabouts of the spouse is un-known; or

(c) The spouse is physically or mentallyincapable of executing the statement or ofproviding any information referred to in sub-section (1) of this section. [Formerly 411.650; 2011c.720 §97; 2013 c.688 §37]


411.089 Receipts for documents sup-plied by applicants for and recipients ofpublic assistance or medical assistance.The Department of Human Services shallprovide written receipts to applicants andrecipients for all documents delivered to alocal office by the applicant or recipientupon the request of the applicant or recipi-ent. [Formerly 411.972]

Note: 411.089, 411.091 and 411.093 were added toand made a part of ORS chapter 411 by legislative ac-tion but were not added to any smaller series therein.See Preface to Oregon Revised Statutes for further ex-planation.


411.091 Time for issuance of publicassistance; effect of delay. (1) For all re-cipients who are on the monthly reportingsystem, the Department of Human Serviceshas 10 calendar days from the date the de-partment receives a complete monthly reportto credit the recipient’s electronic benefitstransfer card for that month.

(2) If the department fails to credit therecipient’s electronic benefits transfer cardin a timely manner pursuant to this section,the recipient may request that the recipient’selectronic benefits transfer card be imme-diately credited for the amount of assistancedue to the recipient. The department shallpay the recipient a sum equal to one-tenthof the household’s monthly assistance grantif the department fails to credit therecipient’s electronic benefits transfer card:

(a) For a request made prior to noon ona business day, by the end of the day.

(b) For a request made after noon on abusiness day, by noon of the next businessday.

(3) The payment of the sum described insubsection (2) of this section shall be treatedas a resource and not counted as income bythe department. [Formerly 411.975; 2015 c.70 §6]

Note: See note under 411.089.

411.093 Treatment of public assistanceapplicants and recipients; grievance pro-cedure. (1) All applicants for and recipientsof public assistance shall be treated in acourteous, fair and dignified manner by De-partment of Human Services personnel.

(2) Any applicant or recipient who al-leges discourteous, unfair or undignifiedtreatment by department personnel or allegesthat incorrect or inadequate information re-garding public assistance programs has beenprovided by department personnel may file agrievance with the department. The depart-ment shall publicize the grievance system ineach local office.

(3) The grievance shall be discussed firstwith the supervisor of the employee againstwhom the grievance is filed. If the grievanceis not resolved, the applicant or recipientmay discuss the grievance with the local of-fice manager.

(4) The department shall compile amonthly report summarizing each grievancefiled against department personnel and theaction taken. The report shall identify eachgrievance by local office and indicate thenumber of grievances filed against individualemployees. The report shall protect the ano-nymity of department personnel. The reportshall be presented to the Family ServicesReview Commission and to all county publicwelfare boards. [Formerly 411.977]


NOTICE AND HEARING411.095 Notice and hearings for public

assistance and medical assistance; rules.(1)(a) Except as provided in paragraph (b) ofthis subsection, when the Department of Hu-man Services or the Oregon Health Author-ity changes a benefit standard that results inthe reduction, suspension or closure of agrant of public assistance or a grant of med-ical assistance, the department or the au-thority shall mail a notice of intended actionto each recipient affected by the change atleast 30 days before the effective date of theaction.

(b) If the department or the authority hasfewer than 60 days before the effective dateto implement a proposed change described inparagraph (a) of this subsection, the depart-ment or the authority shall mail a notice ofintended action to each recipient affected bythe change as soon as practicable but atleast 10 working days before the effectivedate of the action.

(2) When the federal government changesa benefit or standard that results in the sus-pension or closure of supplemental nutritionassistance issued under ORS 411.806 to411.845 or 413.500 for the entire caseload or



a significant portion of the caseload of re-cipients in this state, the department and theauthority are not required to mail a noticeof intended action to each recipient affectedby the change but shall publicize the changeusing one or more of the following methods:

(a) Informing the public through thenews media.

(b) Placing posters in the offices thatserve affected recipients, in the locationswhere supplemental nutrition assistance isissued to affected recipients and at othersites frequented by affected recipients.

(c) Mailing a general notice to thehouseholds of affected recipients.

(3) When the department or the authorityconducts a hearing pursuant to ORS 416.310to 416.340 and 416.510 to 416.830 and 416.990or when the department or the authorityproposes to deny, reduce, suspend or termi-nate a grant of public assistance, a grant ofmedical assistance or a support service pay-ment used to support participation in the jobopportunity and basic skills program, the de-partment or the authority shall provide anopportunity for a hearing under ORS chapter183.

(4) When emergency assistance or thecontinuation of assistance pending a hearingon the reduction, suspension or terminationof public assistance, medical assistance or asupport service payment used to supportparticipation in the job opportunity and basicskills program is denied, and the applicantfor or recipient of public assistance, medicalassistance or a support service payment re-quests a hearing on the denial, an expeditedhearing on the denial shall be held withinfive working days after the request. A writ-ten decision shall be issued within threeworking days after the hearing is held.

(5) For purposes of this section, a re-duction or termination of services resultingfrom an assessment for service eligibility asdefined in ORS 411.099 is a grant of publicassistance.

(6) Adoption of rules, conduct of hearingsand issuance of orders and judicial review ofrules and orders shall be in accordance withORS chapter 183. [1971 c.734 §41; 1987 c.3 §9; 2001c.900 §247; 2003 c.243 §1; 2003 c.567 §1; 2005 c.414 §1; 2013c.688 §37a; 2015 c.269 §1]

411.097 Content of notices of termi-nation of public assistance. When the De-partment of Human Services terminates agrant of public assistance due to the ineligi-bility of a recipient or the termination of apublic assistance program, the departmentshall include in the notice of termination astatement indicating that if circumstancesaffecting the eligibility of the recipientchange, the recipient may contact the de-

partment and reapply for public assistance.[2005 c.692 §2]

411.099 Assessment for service eligi-bility. (1) As used in this section:

(a) “Activities of daily living” has themeaning given that term in ORS 410.600.

(b) “Assessment for service eligibility”means a process of evaluating the functionalimpairment levels of an individual and anindividual’s requirements for assistance inperforming activities of daily living.

(2)(a) No fewer than 14 days prior toconducting a reassessment for service eligi-bility, the Department of Human Servicesshall mail a notice of the assessment processto the individual to be assessed. The noticeshall include a description and explanationof the assessment process, an explanation ofthe process for appealing the results of theassessment and a description of the rightsdescribed in paragraph (b) of this subsection.

(b) The individual being assessed has theright to set the date, time and place of theassessment at a location that is convenientfor the individual and to invite other personsto participate in the assessment.

(3) If the assessment for service eligibil-ity results in a reduction or termination ofservices, the individual is entitled to an ex-pedited hearing under ORS 411.095 (4). [2005c.414 §2]

Note: 411.099 and 411.101 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 411 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

411.100 [Repealed by 1971 c.779 §78]

411.101 Service eligibility notificationprocedures and standards for commu-nications; rules. No later than July 1, 2006,the Department of Human Services shalladopt rules establishing notification proce-dures regarding reassessments for service el-igibility and standards for communicationsbetween an individual being assessed, andcaregivers and family of the individual beingassessed, and the case managers who are re-sponsible for implementing the notificationprocedures. [2005 c.414 §4]


411.103 Notice by regular or electronicmail to recipient of public assistance ormedical assistance; final order by default.(1) The Department of Human Services mayserve a notice described in ORS 183.415 byregular mail or, if requested by the recipientof the notice, by electronic mail. The legalpresumption described in ORS 40.135 (1)(q)does not apply to a notice that is served byregular mail under this section.

(2) Except as provided in subsection (3)of this section, a contested case notice



served in accordance with subsection (1) ofthis section that complies with ORS 183.415but for service by regular or electronic mailbecomes a final order against a party and isnot subject to ORS 183.470 (2), upon the ear-lier of the following:

(a) If the party fails to request a hearing,the day after the date prescribed in the no-tice as the deadline for requesting a hearing.

(b) The date the department or the Officeof Administrative Hearings mails an orderdismissing a hearing request because:

(A) The party withdraws the request forhearing; or

(B) Neither the party nor the party’srepresentative appears on the date and at thetime set for hearing.

(3) The department shall prescribe byrule a period of not less than 60 days aftera notice becomes a final order under subsec-tion (2) of this section within which a partymay request a hearing under this subsection.If a party requests a hearing within the pe-riod prescribed under this subsection, thedepartment shall do one of the following:

(a) If the department finds that the partydid not receive the written notice and didnot have actual knowledge of the notice, re-fer the request for hearing to the Office ofAdministrative Hearings for a contested caseproceeding on the merits of the department’sintended action described in the notice.

(b) Refer the request for hearing to theOffice of Administrative Hearings for a con-tested case proceeding to determine whetherthe party received the written notice or hadactual knowledge of the notice. The depart-ment must show that the party had actualknowledge of the notice or that the depart-ment mailed the notice to the party’s correctaddress or sent an electronic notice to theparty’s correct electronic mail address.

(4) If a party informs the department thatthe party did not receive a notice served byregular or electronic mail in accordance withsubsection (1) of this section, the departmentshall advise the party of the right to requesta hearing under subsection (3) of this sec-tion. [2009 c.126 §1; 2011 c.720 §98]

Note: 411.103 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 411 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

411.105 [1969 c.68 §3; 1975 c.178 §1; 1977 c.194 §1;2005 c.381 §6; 2007 c.861 §9; renumbered 411.081 in 2009]

411.110 [Repealed by 1969 c.68 §1 (411.111 enactedin lieu of 411.110)]

411.111 [1969 c.68 §2 (enacted in lieu of 411.110);2005 c.381 §29; renumbered 411.085 in 2009]

411.113 [1971 c.779 §73; 2001 c.900 §86; repealed by2005 c.381 §30]

411.114 [1973 c.651 §2; repealed by 2005 c.381 §30]411.115 [1957 c.572 §1; 1961 c.620 §2; 1965 c.556 §16;

1971 c.779 §9; repealed by 1975 c.180 §1 (411.116 enactedin lieu of 411.115)]

PAYMENTS AND DELIVERY OFSERVICES

411.116 Department contracts andintergovernmental agreements for pro-viding social services to individuals;rules. In addition to its other powers, theDepartment of Human Services may adoptrules and enter into contracts and intergov-ernmental agreements, subject to availabilityof funds therefor and consistent with federaland state law and regulations, for the pur-pose of providing social services, includingprotection, job preparation and support ser-vices, reduction of unintended pregnancy andprovision of information and referrals forcommunity, medical and social resources, tothose individuals in need of, or who requestsuch services. [1975 c.180 §2 (enacted in lieu of411.115); 1997 c.581 §5]

411.117 Requirements when victims ofdomestic violence apply for or receiveTANF; confidentiality. (1) The Departmentof Human Services shall:

(a) Identify applicants for and recipientsof assistance under the temporary assistancefor needy families program who are currentlyvictims of domestic violence, have been vic-tims of domestic violence or are at risk ofvictimization by domestic violence.

(b) Ensure that appropriate individualson the local level who provide assistance todomestic violence victims participate in indi-vidualized case management with the depart-ment.

(c) Refer individuals identified under thissubsection to appropriate counseling andsupport services.

(d) Waive or modify any temporary as-sistance for needy families program require-ments that may make it more difficult forindividuals identified under this subsectionto escape domestic violence or place thoseindividuals at risk of further or future do-mestic violence, including but not limited to:

(A) Time limits on receipt of benefits;(B) Work requirements;(C) Paternity establishment and child

support cooperation requirements;(D) Residency requirements;(E) Family cap provisions; and(F) Penalties for failure to comply with

a program requirement.(e) Maintain emergency assistance eligi-

bility and payment limits for victims of do-mestic violence or persons at risk ofvictimization by domestic violence identified



under this section at no less than the levelsin effect on January 1, 1997.

(f) Allow eligibility for temporary assist-ance for needy families for persons identifiedunder this section as victims of domestic vi-olence or persons identified as at risk ofvictimization by domestic violence whowould otherwise be eligible except for thefact that they are noncitizens.

(2) All information received by the de-partment in identifying the individuals de-scribed in subsection (1) of this section shallremain confidential.

(3) For purposes of this section, “domes-tic violence” means the occurrence of one ormore of the following acts between familymembers, intimate partners or householdmembers:

(a) Attempting to cause or intentionally,knowingly or recklessly causing physical in-jury or emotional, mental or verbal abuse;

(b) Intentionally, knowingly or recklesslyplacing another in fear of imminent seriousphysical injury;

(c) Committing sexual abuse in any de-gree as defined in ORS 163.415, 163.425 and163.427; or

(d) Using coercive or controlling behav-ior. [1997 c.330 §2; 2011 c.9 §53]

411.118 [1997 c.330 §3; renumbered 411.154 in 2009]

411.119 Prohibition against denial ofpublic assistance or medical assistancebased on drug conviction; exception. (1)Except as provided in subsection (2) of thissection, a person who is otherwise eligible toreceive public assistance, including supple-mental nutrition assistance, or medical as-sistance may not be denied assistancebecause the person has been convicted of adrug-related felony.

(2) The Department of Human Servicesmay suspend a person’s supplemental nutri-tion assistance if:

(a) The person has been convicted of themanufacture or delivery of a controlled sub-stance under ORS 475.752 (1)(a) to (c); and

(b) The person is on probation, parole orpost-prison supervision and the agencysupervising the person makes a recommen-dation to the department, pursuant to sub-section (3) of this section, that thedepartment suspend the person’s supple-mental nutrition assistance.

(3) When making a recommendation tothe department regarding the continuationor suspension of a person’s supplemental nu-trition assistance, a supervising authorityshall consider, at a minimum, whether thereis reason to believe:

(a) That the person traded the person’ssupplemental nutrition assistance for con-trolled substances; and

(b) That, as a result of the trading, amember of the person’s household who is adependent of the person did not receive thesupplemental nutrition assistance for whichthe member is eligible.

(4) The department shall reinstate thesupplemental nutrition assistance of a personwhose benefits were suspended under sub-section (2) of this section if the departmentreceives a recommendation from the super-vising authority to reinstate the benefitspursuant to subsection (5) of this section.

(5) When making a recommendation tothe department regarding the reinstatementof supplemental nutrition assistance, thesupervising authority shall consider, at aminimum, the following:

(a) Whether members of the person’shousehold are also receiving supplementalnutrition assistance; and

(b) Whether the person is enrolled in andsuccessfully participating in a rehabilitationprogram. [1997 c.581 §46; 2005 c.706 §22; 2009 c.599§18; 2013 c.688 §38]

411.120 [Amended by 1957 c.648 §1; 1961 c.600 §4;1961 c.620 §3; 1965 c.556 §17; 1967 c.588 §3; 1969 c.123 §1;1969 c.203 §1; 1971 c.779 §10; 1991 c.66 §1; 1995 c.343 §41;1997 c.581 §6; 2005 c.381 §7; renumbered 411.141 in 2009]

411.121 Local district pilot projects;rules. (1) Notwithstanding ORS 411.070, theDepartment of Human Services is authorizedto establish and implement local district pilotprojects that promote the improvement ofwork skills, education and employability byoffering client incentives that reward signif-icant progress leading toward self-sufficiency.Client incentives offered under this sectionshall not exceed the equivalent of onemonth’s temporary assistance for needy fam-ilies grant in any 12-month period. No appli-cant or recipient participating in a pilotprogram shall be disadvantaged by such par-ticipation.

(2) The department shall monitor the re-sults of any approved pilot projects to deter-mine the types of client incentives thatresult in positive client performance. Withinthe limit of existing funds, the departmentmay implement statewide those client incen-tives that prove to be cost-effective. The de-partment shall solicit input from clients andclient advocates prior to such statewide im-plementation.

(3) The department shall adopt all rulesnecessary to implement and administer theprovisions of this section. [1997 c.581 §47]

411.122 Department to make depend-ent care payments directly to providers.The Department of Human Services shall



provide dependent care payments directly todependent care providers for eligible families.[1989 c.1047 §1; 1995 c.278 §47]


411.125 [1969 c.597 §228b; 1971 c.779 §71; 1981 c.545§8; 1991 c.10 §1; 1999 c.422 §1; 2001 c.900 §87; renumbered411.075 in 2009]

411.128 Department’s acceptance ofgifts and grants for scholarships. (1) Inaddition to other funds made available foreducation and training of public assistancerecipients, the Department of Human Ser-vices may accept gifts and grants from pri-vate sources for the purpose of providing thescholarships or grants authorized under ORS411.175.

(2) The moneys received under subsection(1) of this section shall be deposited in aspecial account, separate and distinct fromthe General Fund, to be named the Depart-ment of Human Services Scholarship Ac-count, which account is established. Allmoneys in the account and all earningsthereon are continuously appropriated to theDepartment of Human Services to be usedtogether with any federal funds that may beavailable to provide scholarships or grantsunder ORS 411.175.

(3) The amount in the Department ofHuman Services Scholarship Account that isavailable after scholarships and grants underORS 411.175 have been awarded for any pe-riod shall be reported to the Oregon Invest-ment Council by the Department of HumanServices and shall be considered investmentfunds within the meaning of ORS 293.701 to293.857 and shall be invested in accordancewith the standards of ORS 293.726. All earn-ings on such investments shall be credited tothe Department of Human Services Scholar-ship Account. [Formerly 411.575]

411.130 [Renumbered 411.142 in 2009]

411.135 Department cooperation withfederal government in research andtraining personnel. In addition to its otherpowers, the Department of Human Servicesmay:

(1) Enter into agreements with, join withor accept grants from, the federal govern-ment for cooperative research and demon-stration projects for public welfare purposes,including, but not limited to, any projectwhich:

(a) Relates to the prevention and re-duction of dependency.

(b) Aids in effecting coordination ofplanning between private and public welfareagencies of the state.

(c) Improves the administration and ef-fectiveness of programs carried on or as-sisted by the department.

(2) With the cooperation and the finan-cial assistance of the federal government,train personnel employed or preparing foremployment in the department. The trainingmay be carried out in any manner, includingbut not limited to:

(a) Directly by the department.(b) Indirectly through grants to public or

other nonprofit institutions of learning orthrough grants of fellowships.

(c) Any other manner for which federalaid in support of the training is available.

(3) Subject to the allotment system pro-vided for in ORS 291.234 to 291.260, expendthe sums required to be expended for theprograms and projects described in subsec-tions (1) and (2) of this section. [1957 c.569 §1;1961 c.600 §5; 1969 c.597 §232; 1971 c.779 §11; 1975 c.509§1; 1991 c.66 §2]

411.137 Contributions by state andcounties for medical assistance demon-stration projects under ORS 411.135. Ex-clusive of all sums of money contributed bythe federal government for medical assist-ance and administration under ORS 414.033(2) the State of Oregon shall contribute 40percentum and the several counties of thestate in which demonstration projects areoperating shall each contribute 60 percentumof all sums, including administrative costs,required to be expended for such purposes inand for such respective counties. [1975 c.509§8; 1991 c.66 §3]

411.140 [Amended by 1961 c.517 §1; repealed by 1971c.779 §78]

FINANCING OF PUBLIC ASSISTANCE411.141 Authorized expenditures by

department for public assistance andOSIP medical assistance. The Departmentof Human Services may, subject to the allot-ment system provided for in ORS 291.234 to291.260, expend such sums as are required tobe expended in this state to provide publicassistance. Expenditures for public assistanceinclude, but are not limited to, expendituresfor the following purposes:

(1) Temporary assistance for needy fami-lies granted under ORS 412.001 to 412.069,including services to relatives with whomdependent children applying for or receivingtemporary assistance for needy families areliving in order to help such relatives attainthe maximum self-support or self-care con-sistent with the maintenance of continuingparental care and protection or in order tomaintain and strengthen family life for suchchildren.



(2) Assistance provided by the OregonSupplemental Income Program and medicalassistance provided to recipients of assist-ance under the Oregon Supplemental IncomeProgram.

(3) General assistance granted underORS 411.710 to 411.730 and 411.752.

(4) Carrying out the provisions of law forchild welfare purposes.

(5) Scholarships or grants for qualifiedrecipients to provide them education andprofessional, technical or other helpful train-ing, payable to a publicly supported careerschool or educational institution on behalfof the recipient.

(6) Other purposes for which the depart-ment is authorized to expend funds, includingthe administration expenses of the depart-ment.

(7) Carrying out the provisions of ORS411.116. [Formerly 411.120; 2013 c.688 §39; 2015 c.70§7; 2016 c.93 §5]

411.142 Quarterly allocation of fundsfor each category of public assistance.The Department of Human Services, takinginto consideration the total amount of fundsavailable for public assistance in Oregonduring the biennial period beginning July 1of each odd-numbered year, the estimatednumber of beneficiaries in each categorythereof, current and estimated costs of es-sential needs to maintain a standard of livingduring such period compatible with decencyand health and such other matters as it maydeem pertinent, shall estimate and allocatethe funds available for each category of pub-lic assistance on a monthly basis subject tothe quarterly revisions. Changes in such al-locations, if any, shall be uniform and, asnearly as practicable and considering theabove factors, proportionately equal in eachsuch category. The monthly amounts sofound estimated and allocated shall bedeemed to be the funds available for eachcategory for public assistance in Oregon.[Formerly 411.130]

411.144 Deposit of funds received forpublic assistance purposes; appropriation.(1) The Department of Human Services shalldeposit in the State Treasury to the creditof the General Fund all the amounts receivedby it from the United States Government orits agencies or from any other source forpublic assistance purposes. All such funds,together with any remaining balances offunds received for the purposes of public as-sistance of any type, hereby are appropriatedfor expenditure by the department for thetype of public assistance for which suchfunds were granted to or received by thestate or appropriated by the state, as thecase may be.

(2) All moneys received from refunds,cancellations or recoveries resulting frompublic assistance payments made from statefunds, as differentiated from federal orcounty funds, shall be paid into the StateTreasury and credited to the Public WelfareAccount and hereby are appropriated for ex-penditure by the department for public as-sistance purposes. [Formerly 411.220]

411.145 [1971 c.779 §69; 1993 c.88 §§1,2; 2001 c.900§88; renumbered 411.077 in 2009]

411.146 Payment of public assistanceclaims; rules. Warrants shall be drawn bythe Oregon Department of AdministrativeServices in favor of the Department of Hu-man Services for the aggregate amounts ofpublic assistance or refunds to counties dulycertified by the department to be due to anyperson or county in such amount as may beset forth in such certification. The depart-ment shall cause to be deposited all suchwarrants in payment of public assistance orrefunds to counties in the State Treasury ina suspense checking account for distributionto those entitled thereto and may draw itschecks on the State Treasury in favor of thepersons, firms, corporations, associations orcounties entitled thereto under such rules asit shall promulgate so as to include in singlecombined payments for specified periods allmoneys allotted to particular payees fromvarious sources for said period. [Formerly411.230]

411.148 Public Welfare Account. (1)There hereby is established in the GeneralFund of the State Treasury an account to beknown as the Public Welfare Account. Allmoneys in the Public Welfare Accounthereby are appropriated for and shall be usedby the Department of Human Services forthe respective purposes authorized by law.The moneys in the Public Welfare Accountand all appropriations from the account shallbe subject to allotment made by the OregonDepartment of Administrative Services.

(2) The Department of Human Servicesshall keep a record of all moneys credited toand deposited in the Public Welfare Account.The record shall indicate by separate cumu-lative accounts the source from which themoneys are derived and the individual activ-ity or program against which each with-drawal is charged.

(3) The unobligated balance in the PublicWelfare Account on June 30 of each odd-numbered year shall be determined by theDepartment of Human Services as of Sep-tember 30 following the close of eachbiennium and certified to the Oregon De-partment of Administrative Services. Theamount certified pursuant to this subsectionshall revert to the General Fund and become



available for general governmental purposes.[Formerly 411.240]

411.149 Advancements from PublicWelfare Account to meet public assist-ance claims payable from federal funds.Pending receipt by the State Treasurer offederal funds for the payment of public as-sistance, the moneys in the Public WelfareAccount appropriated for expenditure by theDepartment of Human Services for publicassistance purposes shall be expended to theextent necessary to meet claims for publicassistance which otherwise would be paidfrom such federal funds. Upon notice thatsuch federal funds have been received by theState Treasurer, the department shall pre-pare a claim against such funds for theamount advanced from the Public WelfareAccount for the purposes of this section anda warrant may be drawn by the Oregon De-partment of Administrative Services in favorof the State Treasurer in payment of suchclaim, for credit to and reimbursement of thePublic Welfare Account. [Formerly 411.242]

411.150 [Repealed by 1971 c.779 §78]

411.151 Department of Human Ser-vices revolving fund. The revolving fund inthe amount of $50,000 established by warrantdrawn on the State Treasurer by the OregonDepartment of Administrative Services pay-able out of the Public Welfare Account infavor of the Department of Human Servicesis continued. The revolving fund shall beused by the Department of Human Servicesfor the purpose of providing funds to paycurrent salaries and expenses, emergencypublic assistance advances and other ex-penses when it is necessary to make imme-diate cash payments. The revolving fundshall be deposited with the State Treasurer.For the purpose of providing working cashbalances for emergency public assistance ad-vances and other expenses when it is neces-sary to make immediate cash payments, theDepartment of Human Services may with-draw from the State Treasury portions of thefund to be used by designated custodians forthe purposes authorized by this section. Thedesignated custodians may hold the funds ormay deposit the funds in any bank authorizedas a depository of state funds, or may holdpart and deposit the remainder. The revolv-ing fund shall be reimbursed by warrantsdrawn by the Oregon Department of Admin-istrative Services upon the verified claims ofthe Department of Human Services and war-rants payable out of the Public Welfare Ac-count. [Formerly 411.245]

MISCELLANEOUS PROVISIONSRELATING TO PUBLIC ASSISTANCE

411.154 Report to Legislative Assem-bly. The Department of Human Servicesshall report to each odd-numbered year reg-ular session of the Legislative Assembly onthe status and efficacy of:

(1) The domestic violence identificationprocess under ORS 411.117;

(2) Emergency assistance utilization forvictims of domestic violence; and

(3) Domestic violence training for de-partment staff, information sharing and eval-uation. [Formerly 411.118; 2011 c.545 §46]

411.155 [1971 c.779 §70; renumbered 411.078 in 2009]411.159 [Formerly 411.590; 2013 c.688 §40; renum-

bered 410.619 in 2013]411.160 [Amended by 1967 c.454 §46; 1967 c.561 §3;

1967 s.s. c.12 §1; repealed by 1969 c.45 §10]411.170 [Amended by 1963 c.143 §1; repealed by 1969

c.45 §11]

411.171 Certain job referrals prohib-ited; eligibility not conditioned on em-ployment at workplace involved in labordispute. (1) The Department of Human Ser-vices may not refer any individual on a jobreferral that would aid in the filling of a jobopening that exists because of a labor dis-pute.

(2) Notwithstanding any other provisionof law, neither the department nor any otherstate agency may require as a condition ofeligibility to receive benefits or services pro-vided by the department or agency that anindividual apply for or accept employment atany workplace where there is a labor disputein progress.

(3) As used in this section, “labordispute” has the meaning given that term inORS 662.010. [Formerly 409.710]


411.175 Scholarships and grants forpublic assistance recipients. (1) In additionto any other scholarships or grants providedby law and subject to the availability offunds in the Department of Human ServicesScholarship Account, the Department of Hu-man Services may award tuition and fee-exempting scholarships or grants andadditional funds for purchase of requiredbooks and supplies from other funds, whetherfrom public or private sources, made avail-able for training of recipients toward self-support to those qualified to receive welfareassistance, for enrollment at any publiclysupported educational, vocational or traininginstitution in this state.



(2) Scholarships or grants shall beawarded on the basis of the recipient’s ap-parent ability and willingness to profit fromthe education or the vocational, technical, orother courses available, to the end thatscholarships or grants awarded will benefitboth the student and the people of this state.

(3) In order to facilitate the most effec-tive use of funds granted under this section,the Department of Human Services may ap-ply funds available under this section tosupportive services, including but not limitedto transportation and child care, for scholar-ship or grant recipients whenever the avail-ability of such services has been eliminatedby the exhaustion of funds in thedepartment’s job related training program.[Formerly 411.580; 2015 c.765 §26a]

411.180 [Amended by 1963 c.143 §2; repealed by 1969c.45 §11]

411.190 [Amended by 1955 c.443 §1; 1961 c.657 §1;1967 c.240 §1; repealed by 1969 c.45 §11]

411.200 [Repealed by 1969 c.45 §10]411.210 [Amended by 1967 c.240 §2; repealed by 1969

c.45 §10]411.220 [Subsections (2) and (3) enacted as 1953

c.458 §§2,4; 1961 c.600 §6; 1961 c.620 §4; 1969 c.45 §1; 1969c.203 §2; renumbered 411.144 in 2009]

411.222 [1955 c.380 §§1,3; repealed by 1957 c.531 §3]411.230 [Amended by 1967 c.454 §47; 1971 c.80 §5;

renumbered 411.146 in 2009]411.240 [Amended by 1961 c.600 §7; 1963 c.537 §4;

1965 c.440 §3; 1967 c.454 §107; 2003 c.14 §179; renumbered411.148 in 2009]

411.242 [1953 c.410 §1; 1961 c.600 §8; 1967 c.454 §48;1971 c.80 §6; renumbered 411.149 in 2009]

411.245 [1953 c.460 §1; 1967 c.71 §1; 1967 c.454 §49;1971 c.80 §7; 1971 c.779 §12; 2003 c.14 §180; renumbered411.151 in 2009]

411.250 [Repealed by 1983 c.537 §7]411.260 [Amended by 1957 c.570 §1; 1969 c.597 §236;

1971 c.779 §13; repealed by 2001 c.900 §261]411.270 [Amended by 1957 c.570 §2; 1969 c.597 §237;

1971 c.779 §14; repealed by 2001 c.900 §261]411.280 [Amended by 1969 c.597 §238; 1971 c.779 §15;

repealed by 2001 c.900 §261]411.290 [Repealed by 1969 c.597 §281]

CONFIDENTIALITY OF RECORDS411.300 Use and custody of records;

authorization for department to combinedata system with Oregon Health Author-ity; rules. (1) The Department of HumanServices shall adopt and enforce rules gov-erning the custody, use and preservation ofthe records, papers, files and communicationsof the department in accordance with appli-cable privacy laws. The use of the records,papers, files and communications is limitedto the purposes for which they are furnishedand by the provisions of the law under whichthey may be furnished.

(2) The records, papers, files and commu-nications of the department may be main-

tained in a single or combined data systemaccessible to the department and to the Ore-gon Health Authority for the administrationof programs and the coordination of func-tions shared by the department and the au-thority. [Amended by 1953 c.500 §12; 1971 c.779 §16;2005 c.381 §8; 2011 c.720 §99]

411.310 [Repealed by 1967 c.98 §1]

411.320 Disclosure and use of recordslimited to purposes connected to admin-istration of public assistance programs;contents as privileged communication;exceptions. (1) For the protection of appli-cants for and recipients of public assistance,except as otherwise provided in this section,the Department of Human Services may notdisclose or use the contents of any publicassistance records, files, papers or commu-nications for purposes other than those di-rectly connected with the administration ofthe public assistance programs or necessaryto assist public assistance applicants and re-cipients in accessing and receiving othergovernmental or private nonprofit services,and these records, files, papers and commu-nications are considered confidential subjectto the rules of the department. In any judi-cial or administrative proceeding, exceptproceedings directly connected with the ad-ministration of public assistance or childsupport enforcement laws, their contents areconsidered privileged communications.

(2) Nothing in this section prohibits thedisclosure or use of contents of records, files,papers or communications for purposes di-rectly connected with the establishment andenforcement of support obligations pursuantto the Title IV-D program.

(3) Nothing in this section prohibits thedisclosure of the address, Social Securitynumber and photograph of any applicant orrecipient to a law enforcement officer at therequest of the officer. To receive informationpursuant to this section, the officer mustfurnish the agency the name of the applicantor recipient and advise that the applicant orrecipient:

(a) Is fleeing to avoid prosecution, cus-tody or confinement after conviction for afelony;

(b) Is violating a condition of probationor parole; or

(c) Has information that is necessary forthe officer to conduct the official duties ofthe officer and the location or apprehensionof the applicant or recipient is within suchofficial duties.

(4) Nothing in this section prohibits dis-closure of information between the depart-ment and the Oregon Health Authority forthe purpose of administering public assist-



ance programs. [1953 c.500 §5; 1971 c.779 §17; 1995c.609 §8; 1997 c.581 §7; 2001 c.900 §88a; 2011 c.720 §100]

411.325 [1953 c.500 §6; 1961 c.620 §5; 1963 c.70 §1;1967 c.502 §16; 1971 c.779 §18; repealed by 1997 c.581 §48]

411.330 [1953 c.500 §§7,8; 1971 c.779 §19; repealed by1997 c.581 §48]

411.335 Prohibited use of lists ornames. No person or agency shall solicit,disclose, receive, make use of, or authorize,knowingly permit, participate in or acquiescein the use of, any lists or names for com-mercial or political purposes of any nature,or for any purpose not directly connectedwith the administration of the public assist-ance laws. [1953 c.500 §9; 1997 c.581 §8]

411.350 [1967 c.578 §1; 1971 c.779 §20; repealed by2001 c.900 §261]

411.375 [1955 c.364 §1; 1969 c.597 §240; renumbered411.593 in 2009]

411.380 [1955 c.364 §2; renumbered 411.594 in 2009]411.385 [1955 c.364 §3; renumbered 411.596 in 2009]411.390 [1955 c.364 §4; renumbered 411.597 in 2009]411.395 [1961 c.171 §2; repealed by 1969 c.597 §281]

MEDICAL ASSISTANCE411.400 Application for medical assist-

ance. (1) An application for any category ofaid shall also constitute an application formedical assistance.

(2) Except as provided in subsection (6)of this section, the Department of HumanServices and the Oregon Health Authorityshall accept an application for medical as-sistance and any required verification of el-igibility from the applicant, an adult who isin the applicant’s household or family, anauthorized representative of the applicant or,if the applicant is a minor or incapacitated,someone acting on behalf of the applicant:

(a) Over the Internet;(b) By telephone;(c) By mail;(d) In person; and(e) Through other commonly available

electronic means.(3) The department and the authority

may require an applicant or person acting onbehalf of an applicant to provide only theinformation necessary for the purpose ofmaking an eligibility determination or for apurpose directly connected to the adminis-tration of medical assistance or the healthinsurance exchange.

(4) The department and the authorityshall provide application and recertificationassistance to individuals with disabilities, in-dividuals with limited English proficiency,individuals facing physical or geographicbarriers and individuals seeking help withthe application for medical assistance or re-

certification of eligibility for medical assist-ance:

(a) Over the Internet;(b) By telephone; and(c) In person.(5)(a) The Department of Human Services

and the authority shall promptly transfer in-formation received under this section to theDepartment of Consumer and Business Ser-vices, the United States Department ofHealth and Human Services or the InternalRevenue Service as necessary for the deter-mination of eligibility for the health insur-ance exchange, premium tax credits orcost-sharing reductions.

(b) The Department of Human Servicesshall promptly transfer information receivedunder this section to the authority for indi-viduals who are eligible for medical assist-ance because they qualify for publicassistance.

(6) The Department of Human Servicesand the authority shall accept from the De-partment of Consumer and Business Servicesan application and any verification that wassubmitted to the Department of Consumerand Business Services by an applicant or onbehalf of an applicant in order for the De-partment of Human Services or the authorityto determine the applicant’s eligibility formedical assistance. [Formerly 414.047; 2010 c.73§3; 2011 c.720 §101; 2013 c.14 §3; 2013 c.688 §41; 2015 c.3§41]

411.402 Procedures for verifying eligi-bility for medical assistance; rules. (1)The Department of Human Services and theOregon Health Authority shall adopt by rule,consistent with federal requirements, theprocedures for verifying eligibility for med-ical assistance, including but not limited toall of the following:

(a) The department and the authorityshall access all relevant state and federalelectronic databases for any eligibility infor-mation available through the databases.

(b) The department and the authorityshall verify the following factors throughself-attestation:

(A) Pregnancy;(B) Date of birth;(C) Household composition; and(D) Residency.(c) The department and the authority

may not use self-attestation to verify citizen-ship and immigration status.

(d) The department and the authoritymay require the applicant to provide verifi-cation in addition to the verification speci-fied in this subsection only if the departmentand the authority are unable to obtain the



information electronically or if the informa-tion obtained electronically is not reasonablycompatible with information provided by oron behalf of the applicant.

(e) The department and the authorityshall use methods of administration that arein the best interests of applicants and recipi-ents and that are necessary for the properand efficient operation of the medical assist-ance program.

(2) Information obtained by the depart-ment or the authority under this section maybe exchanged with the health insurance ex-change and with other state or federal agen-cies for the purpose of:

(a) Verifying eligibility for medical as-sistance, participation in the exchange orother health benefit programs;

(b) Establishing the amount of any taxcredit due to the person, cost-sharing re-duction or premium assistance;

(c) Improving the provision of services;and

(d) Administering health benefit pro-grams. [Formerly 414.049; 2010 c.73 §4; 2011 c.720 §102;2013 c.14 §4; 2013 c.688 §42]

411.404 Determination of eligibility formedical assistance; rules. (1) The Depart-ment of Human Services or the OregonHealth Authority shall determine eligibilityfor medical assistance according to criteriaprescribed by rule and in accordance withthe requirements for securing federal finan-cial participation in the costs of administer-ing Titles XIX and XXI of the Social SecurityAct.

(2) Rules adopted under this section maynot require any needy person over 65 yearsof age, as a condition of entering or remain-ing in a hospital, nursing home or othercongregate care facility, to sell any realproperty normally used as the person’s home.[Formerly 414.042; 2011 c.602 §34; 2011 c.720 §103; 2013c.14 §5; 2013 c.688 §43]

411.405 [1965 c.556 §14; repealed by 2001 c.900 §261]

411.406 Notice of change in circum-stances. (1) A medical assistance recipientshall immediately notify the Department ofHuman Services or the Oregon Health Au-thority, if required, of the receipt or pos-session of property or income or otherchange in circumstances that directly affectsthe eligibility of the recipient to receivemedical assistance, or that directly affectsthe amount of medical assistance for whichthe recipient is eligible. Failure to give thenotice shall entitle the department or theauthority to recover from the recipient theamount of assistance improperly disbursed byreason thereof.

(2)(a) The department or the authorityshall redetermine the eligibility of a medical

assistance recipient at intervals specified byfederal law.

(b) The department and the authorityshall redetermine eligibility under this sub-section on the basis of information availableto the department and the authority and maynot require the recipient to provide informa-tion if the department or the authority isable to determine eligibility based on infor-mation in the recipient’s record or throughother information that is available to the de-partment or the authority.

(3) Notwithstanding subsection (2) of thissection, if the department or the authorityreceives information about a change in amedical assistance recipient’s circumstancesthat may affect eligibility for medical assist-ance, the department or the authority shallpromptly redetermine eligibility.

(4) If the department or the authoritydetermines that a medical assistance recipi-ent no longer qualifies for the medical as-sistance program in which the recipient isenrolled, the department or the authoritymust determine eligibility for other medicalassistance programs, potential eligibility forthe health insurance exchange, premium taxcredits and cost-sharing reductions beforeterminating the recipient’s medical assist-ance. If the recipient appears to qualify forthe exchange, premium tax credits or cost-sharing reductions, the department or theauthority shall promptly transfer therecipient’s record to the exchange to processthose benefits. [Formerly 414.057; 2011 c.720 §104;2013 c.688 §44]

411.408 Hearing on eligibility for med-ical assistance; rules. In addition to therequirements in ORS 414.635 (3) and 414.712(5), if the Oregon Health Authority or theDepartment of Human Services denies aclaim for medical assistance or fails to actwith reasonable promptness on a claim formedical assistance, the person making theclaim may request a contested case hearing.The hearing shall be held at a time and placeand shall be conducted in accordance withrules adopted by the authority or the depart-ment, as appropriate. [Formerly 414.055; 2011 c.720§105; 2013 c.688 §45]

411.410 [Amended by 1961 c.605 §3; renumbered416.020]

411.415 [1971 c.617 §3; 1989 c.224 §80; 1991 c.93 §9;repealed by 2001 c.900 §261]

411.420 [Amended by 1957 c.154 §1; 1961 c.605 §4;renumbered 416.030]

411.425 [1953 c.361 §3; 1955 c.501 §1; 1959 c.273 §1;1961 c.605 §8; renumbered 416.060]

411.428 [Formerly 411.440; renumbered 416.080]411.430 [Repealed by 1953 c.361 §19]411.431 [Formerly 411.598; 2011 c.720 §106; repealed

by 2013 c.688 §98]411.432 [Formerly 411.600; 2011 c.720 §107; repealed

by 2013 c.688 §98]



411.434 [Formerly 411.450; 1955 c.501 §2; renumbered416.090]

411.435 Enrollment of medical assist-ance program clients; agreements withlocal governments. The Oregon Health Au-thority and the Department of Human Ser-vices shall endeavor to develop agreementswith local governments to facilitate the en-rollment of medical assistance program cli-ents. Subject to the availability of fundstherefor, the agreement shall be structuredto allow flexibility by the state and localgovernments and may allow any of the fol-lowing options for enrolling clients in med-ical assistance programs:

(1) Initial processing may be done at thelocal health department by employees of thelocal health department, with eligibility de-termination completed at the local office ofthe Department of Human Services or by theauthority;

(2) Initial processing and eligibility de-termination may be done at the local healthdepartment by employees of the local healthdepartment; or

(3) Application forms may be made avail-able at the local health department with ini-tial processing and eligibility determinationdone at the local office of the Department ofHuman Services or by the authority.[Formerly 414.151; 2011 c.720 §108; 2013 c.688 §46; 2015c.736 §57]

411.438 [Formerly 411.460; renumbered 416.100]

411.439 Suspension of medical assist-ance of persons with serious mental ill-ness admitted to state hospital. (1) Asused in this section:

(a) “Person with a serious mentalillness” means a person who is diagnosed bya psychiatrist, a licensed clinical psychol-ogist or a certified nonmedical examiner ashaving dementia, schizophrenia, bipolar dis-order, major depression or other affectivedisorder or psychotic mental disorder otherthan a disorder caused primarily by sub-stance abuse.

(b) “State hospital” has the meaninggiven that term in ORS 162.135.

(2) Except as provided in subsections (6)and (7) of this section, the Department ofHuman Services or the Oregon Health Au-thority shall suspend, instead of terminate,the medical assistance of a person with a se-rious mental illness when:

(a) The person receives medical assist-ance because of a serious mental illness; and

(b) The person is admitted to a statehospital.

(3) The department or the authority shallcontinue to determine the eligibility of theperson for medical assistance.

(4) Upon notification that a person de-scribed in subsection (2) of this section is nolonger residing in a state hospital or that theperson is admitted to a medical institutionoutside of the state hospital for a period ofhospitalization, the department or the au-thority shall reinstate the person’s medicalassistance if the person is otherwise eligiblefor medical assistance.

(5) This section does not extend eligibil-ity to an otherwise ineligible person or ex-tend medical assistance to a person ifmatching federal funds are not available topay for medical assistance.

(6) Subsection (2) of this section does notapply to a person with a serious mental ill-ness residing in a state hospital who is under22 years of age or who is 65 years of age orolder.

(7) A person with a serious mental illnessmay apply for medical assistance between 90and 120 days prior to the expected date ofthe person’s release from a state hospital. Ifthe person is found to be eligible, the effec-tive date of the person’s medical assistanceshall be the date of the person’s release fromthe state hospital. [Formerly 414.424; 2011 c.207 §2;2011 c.720 §109; 2013 c.688 §47; 2015 c.836 §2]

411.440 [Renumbered 411.428 and then 416.080]411.441 [1959 c.522 §§2,4; renumbered 416.110]411.442 [1953 c.361 §§4,5; 1961 c.605 §9; renumbered

416.120]411.443 [Formerly 414.420; 2011 c.720 §110; 2013 c.688

§48; repealed by 2015 c.836 §5]411.444 [1953 c.361 §6; 1961 c.605 §10; renumbered

416.130]411.445 [Formerly 414.422; repealed by 2015 c.836

§5]411.446 [1953 c.361 §7; 1961 c.605 §11; renumbered

416.140]

411.447 Suspension of medical assist-ance provided to inmates. (1) As used inthis section, “correctional facility” means:

(a) A local correctional facility as definedin ORS 169.005;

(b) A Department of Corrections institu-tion as defined in ORS 421.005; or

(c) A youth correction facility as definedin ORS 162.135.

(2) The Department of Human Servicesor the Oregon Health Authority shall sus-pend, instead of terminate, the medical as-sistance of a person who is residing in acorrectional facility.

(3) Upon notification that a person de-scribed in subsection (2) of this section is notresiding in a correctional facility or that theperson is admitted to a medical institutionoutside of the correctional facility for a pe-riod of hospitalization, the department or theauthority shall reinstate the person’s medical



assistance if the person is eligible for med-ical assistance.

(4)(a) A designee of a correctional facilitymay apply for medical assistance on behalfof a person, while the person is residing inthe correctional facility, for the purpose ofestablishing eligibility for medical assistanceupon the person’s release from the correc-tional facility or during a period of hospital-ization that will occur outside of thecorrectional facility.

(b) The designee may obtain informationnecessary to determine eligibility for medicalassistance, including the person’s Social Se-curity number or information that is nototherwise subject to disclosure under ORS411.320 or 413.175. The information obtainedunder this paragraph may be used only forthe purpose of assisting the person in apply-ing for medical assistance and may not beredisclosed without the person’s authori-zation.

(c) If the person is determined eligible formedical assistance, the effective date of theperson’s medical assistance shall be the datethe person is released from the correctionalfacility or the date the person begins the pe-riod of hospitalization outside of the correc-tional facility.

(5) This section does not extend eligibil-ity to an otherwise ineligible person or ex-tend medical assistance to a person ifmatching federal funds are not available topay for the medical assistance. [Formerly414.440; 2015 c.836 §1]


411.448 [1953 c.361 §8; 1961 c.605 §17; renumbered416.170]

411.450 [Renumbered 411.434 and then 416.090]411.452 [1953 c.361 §9; renumbered 416.180]411.454 [1953 c.361 §10; renumbered 416.190]411.456 [1953 c.361 §11; renumbered 416.200]411.458 [1953 c.361 §12; renumbered 416.210]411.459 [Formerly 414.051; 2011 c.720 §111; renum-

bered 414.071 in 2011]411.460 [Renumbered 411.438 and then 416.100]411.462 [1953 c.361 §13; 1961 c.605 §20; renumbered

416.230]

411.463 Availability of information onall licensed healing arts. When giving in-formation concerning medical assistance, theOregon Health Authority and the Depart-ment of Human Services shall make avail-able to applicants or recipients materialswhich include at least a listing of all thehealing arts licensed in this state. [Formerly414.073; 2011 c.720 §112]

411.464 [1953 c.361 §15; renumbered 416.240]411.466 [1953 c.361 §16; renumbered 416.250]

411.470 [Amended by 1953 c.361 §19; renumbered416.260]

411.474 [1957 c.571 §1; renumbered 416.270]411.480 [Renumbered 416.310]411.490 [Amended by 1961 c.104 §1; renumbered

416.320]411.500 [Renumbered 416.330]411.510 [Amended by 1961 c.600 §9; renumbered

416.810]411.520 [Renumbered 416.820]411.530 [Renumbered 416.830]411.552 [1959 c.454 §1; 1961 c.620 §8; renumbered

416.510]411.554 [1959 c.454 §2; renumbered 416.520]411.556 [1959 c.454 §3; renumbered 416.530]411.558 [1959 c.454 §4; renumbered 416.540]411.560 [1959 c.454 §§5,7; renumbered 416.550]411.562 [1959 c.454 §6; renumbered 416.560]411.564 [1959 c.454 §8; renumbered 416.570]411.566 [1959 c.454 §9; renumbered 416.580]411.568 [1959 c.454 §11; renumbered 416.590]411.570 [1959 c.454 §12; renumbered 416.600]411.572 [1959 c.454 §10; renumbered 416.610]411.575 [1967 c.588 §2; 1969 c.707 §1; 1971 c.774 §16;

1989 c.966 §46; 1997 c.130 §7; 2003 c.14 §181; renumbered411.128 in 2009]

411.580 [1967 c.588 §1; 1969 c.123 §2; 1971 c.227 §1;1971 c.387 §1; 1971 c.774 §17; 1971 c.779 §21a; 1997 c.130§8; 2003 c.14 §182; renumbered 411.175 in 2013]

411.590 [1975 c.401 §5; 1981 c.784 §23; 1987 c.780 §1;1999 c.548 §1; 2001 c.900 §89; 2001 c.901 §8; renumbered411.159 in 2009]

INVESTIGATIONS AND RECOVERY OF PUBLIC ASSISTANCE AND

MEDICAL ASSISTANCE411.593 Investigations; power to sub-

poena, administer oaths, take depositionsand fix witness fees. (1) In connection withany public assistance investigation or hear-ing, the Director of Human Services, the Di-rector of the Oregon Health Authority orany examiner, referee or other officer dulyappointed to conduct the investigation orhearing may by subpoena compel the attend-ance and testimony of witnesses and theproduction of books, accounts, documentsand other papers, and may administer oaths,take depositions and fix the fees and mileageof witnesses.

(2) The Department of Human Servicesand the Oregon Health Authority shall pro-vide for defraying the expenses of such in-vestigations or hearings, which may be heldin any part of the state. [Formerly 411.375; 2011c.720 §113]

411.594 Petition for enforcement ofsubpoena issued under ORS 411.593. (1) Incase of the refusal of a witness to attend ortestify or produce any papers required bysuch subpoena, the person designated by thesubpoena as the person before whom the tes-timony is to be given or the papers produced,



may petition the circuit court in and for thecounty in which the investigation or hearingis pending for an order directing the witnessto attend and testify or produce the papersbefore the petitioner.

(2) The petition shall allege that due no-tice was given of the time and place for theattendance of the witness or the productionof the papers, that the witness was sub-poenaed in the manner prescribed and thatthe witness failed and refused to attend, toproduce the papers required by the subpoenaor to answer questions propounded to thewitness in the course of the investigation orhearing. [Formerly 411.380]

411.595 [1983 c.299 §2; 1987 c.3 §14; 2001 c.900 §90;renumbered 411.072 in 2009]

411.596 Court order to show cause is-sued upon filing of petition for enforce-ment of subpoena. Upon the filing of sucha petition, the court shall enter an order, acopy of which shall be served upon the wit-ness, directing the witness to appear beforethe court at a time and place to be fixed bythe court in such order, the time to be notmore than 10 days from the date of the order,and then and there show cause why the wit-ness has not attended and testified orproduced the papers as required by the sub-poena. [Formerly 411.385]

411.597 Court may compel appearanceof witness before petitioner. (1) If at thehearing provided for in ORS 411.596 it is ap-parent to the court that the subpoena wasregularly issued, the court shall thereuponenter an order that the witness appear beforethe petitioner at a time and place to be fixedin such order, and testify and produce therequired papers.

(2) Failure by the witness to comply withan order made pursuant to subsection (1) ofthis section shall be dealt with as for con-tempt of court. [Formerly 411.390]

411.598 [2005 c.692 §6; renumbered 411.431 in 2009]

411.600 [2005 c.692 §4; 2009 c.263 §3; renumbered411.432 in 2009]

411.610 Indorsement by others of as-sistance checks or warrants payable todeceased recipient; disposition of pro-ceeds. Any check or warrant issued by theDepartment of Human Services or the Ore-gon Health Authority to a recipient of publicassistance or medical assistance who subse-quently dies may be indorsed in the name ofthe deceased by the surviving spouse or anext of kin in the order described in ORS293.490 (3); and payment may be made andthe proceeds used without any of the re-strictions enumerated in ORS 293.495 (1).[Amended by 1957 c.120 §1; 1981 c.594 §9; 2011 c.720 §114;2013 c.688 §49]

411.620 Recovery of public assistanceor medical assistance obtained or dis-posed of unlawfully. (1) The Department ofHuman Services or the Oregon Health Au-thority may prosecute a civil suit or actionagainst any person who has obtained, forpersonal benefit or for the benefit of anyother person, any amount or type of publicassistance or medical assistance, or has aidedany other person to obtain public assistanceor medical assistance, in violation of anyprovision of ORS 411.630 or in violation ofORS 411.640. In such suit or action, the de-partment or the authority may recover theamount or value of public assistance or med-ical assistance obtained in violation of ORS411.630 or in violation of ORS 411.640, withinterest, together with costs and disburse-ments incurred in recovering the public as-sistance or medical assistance.

(2) Except with respect to bona fide pur-chasers for value, the department, the au-thority, the conservator for the recipient orthe personal representative of the estate ofa deceased recipient may prosecute a civilsuit or action to set aside the transfer, giftor other disposition of any money or propertymade in violation of any provisions of ORS411.630, 411.708 and 416.350 and the depart-ment or the authority may recover out ofsuch money or property, or otherwise, theamount or value of any public assistance ormedical assistance obtained as a result of theviolation, with interest, together with costsand disbursements incurred in recovering thepublic assistance or medical assistance.[Amended by 1963 c.499 §1; 1971 c.334 §2; 1973 c.661 §1;1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24; 2009 c.595§262; 2011 c.720 §115; 2013 c.688 §50]

411.630 Unlawfully obtaining publicassistance or medical assistance. (1) Aperson may not knowingly obtain or attemptto obtain, for the benefit of the person or ofanother person, any public assistance ormedical assistance to which the person orother person is not entitled under state lawby means of:

(a) Any false representation or fraudulentdevice, or

(b) Failure to immediately notify the De-partment of Human Services or the OregonHealth Authority, if required, of the receiptor possession of property or income, or ofany other change of circumstances, whichdirectly affects the eligibility for, or theamount of, the assistance.

(2) A person may not transfer, conceal ordispose of any money or property with theintent:

(a) To enable the person to meet or ap-pear to meet any requirement of eligibilityprescribed by state law or by rule of the de-



partment or the authority for any type ofpublic assistance or medical assistance; or

(b) Except as to a conveyance by theperson to create a tenancy by the entirety,to hinder or prevent the department or theauthority from recovering any part of anyclaim it may have against the person or theestate of the person.

(3) A person may not knowingly aid orabet any person to violate any provision ofthis section.

(4) A person may not receive, possess orconceal any money or property of an appli-cant for or recipient of any type of publicassistance or medical assistance with the in-tent to enable the applicant or recipient tomeet or appear to meet any requirement ofeligibility referred to in subsection (2)(a) ofthis section or, except as to a conveyance bythe applicant or recipient to create a tenancyby the entirety, with the intent to hinder orprevent the department or the authority fromrecovering any part of any claim it may haveagainst the applicant or recipient or the es-tate of the applicant or recipient. [Amended by1963 c.499 §2; 1969 c.66 §1; 1971 c.779 §22; 2011 c.720 §116;2013 c.688 §51]

411.632 Relief where assets trans-ferred, removed or secreted. If it reason-ably appears that a recipient of publicassistance or a recipient of medical assist-ance has assets in excess of those allowed toa recipient of such assistance under applica-ble federal and state statutes, rules and reg-ulations, and it reasonably appears that suchassets may be transferred, removed, secretedor otherwise disposed, then the Departmentof Human Services or the Oregon HealthAuthority may seek appropriate relief underORCP 83 and 84 or any other provision oflaw, but only to the extent of the liability.The state shall not be required to post abond in seeking the relief. [1987 c.438 §6; 2001c.900 §91; 2011 c.720 §117; 2013 c.688 §52]

411.635 Recovery of improperly dis-bursed public assistance or medical as-sistance. (1)(a) Medical assistanceimproperly disbursed as a result of recipientconduct that is not in violation of ORS411.630 may be recouped pursuant to ORS293.250 by the Oregon Health Authority orthe Department of Human Services.

(b) Public assistance improperly dis-bursed as a result of recipient conduct thatis not in violation of ORS 411.630 may berecouped pursuant to ORS 293.250 by the de-partment.

(2) The department and the authoritymay also recoup public assistance and med-ical assistance improperly disbursed fromearnings that the state disregards pursuantto ORS 411.083 and 412.007 as follows:

(a) The department and the authorityshall notify the recipient that the recipientmay elect to limit the recoupment monthlyto an amount equal to one-half the amountof disregarded earnings by granting the de-partment or the authority a confession ofjudgment for the amount of the overpayment.

(b) If the recipient does not elect to grantthe confession of judgment within 30 daysthe department or the authority may recoupthe overpayment from the entire amount ofdisregarded earnings. The recipient may atany time thereafter elect to limit themonthly recoupment to one-half the disre-garded earnings by entering into a confessionof judgment.

(3) The department and the authorityshall not execute on a confession of judg-ment until the recipient is no longer receiv-ing public assistance or medical assistanceand has either refused to agree to or has de-faulted on a reasonable plan to satisfy thejudgment.

(4) This section does not prohibit the de-partment or the authority from adoptingrules to exempt from recoupment any portionof disregarded earnings. [1979 c.719 §2; 2011 c.720§118; 2013 c.688 §52a; 2015 c.765 §26]

411.640 Overpayments of public as-sistance or medical assistance. A personhas received an overpayment of public as-sistance or medical assistance, for purposesof ORS 411.703, if the person has:

(1) Received, either for the benefit of theperson or for the benefit of any other person,any amount or type of public assistance ormedical assistance to which the person orthe other person is not entitled under statelaw;

(2) Spent lawfully received public assist-ance or medical assistance that was desig-nated by the Department of Human Servicesor the Oregon Health Authority for a spe-cific purpose on an expense not approved bythe department or the authority and notconsidered a basic requirement under ORS411.070 (2)(a) or a health service;

(3) Misappropriated public assistance ormedical assistance by cashing and retainingthe proceeds of a check on which the personis not the payee and the check has not beenlawfully indorsed or assigned to the person;or

(4) Failed to reimburse the departmentor the authority, when required by law, forpublic assistance or medical assistance fur-nished for a need for which the person iscompensated by another source. [1963 c.499 §4;2007 c.118 §1; 2011 c.720 §119; 2013 c.688 §53]

411.650 [1963 c.499 §5; 1965 c.300 §1; 1971 c.799 §23;2003 c.576 §442; 2009 c.28 §1; renumbered 411.087 in 2009]



411.660 Modification, cancellation orsuspension of public assistance. (1) If anyperson is convicted of a violation of any pro-vision of ORS 411.630, any grant of publicassistance made wholly or partially to meetthe needs of such person shall be modified,canceled or suspended for such time and un-der such terms and conditions as may beprescribed by or pursuant to rules or regu-lations of the Department of Human Ser-vices.

(2) Subsection (1) of this section does notapply to a grant of public assistance to meetthe needs of a child under the age of 18years. [1963 c.499 §6; 2001 c.900 §92; 2011 c.720 §119a;2013 c.688 §54]

411.670 Definitions for ORS 411.640,411.670, 411.675 and 411.690. As used in thissection and ORS 411.640, 411.675 and 411.690:

(1) “Claims for payment” includes bills,invoices, electronic transmissions and anyother document requesting money in com-pensation for or reimbursement of needswhich have been furnished to any public as-sistance or medical assistance recipient.

(2) “Need” means any type of care, ser-vice, commodity, shelter or living require-ment.

(3) “Person” includes individuals, corpo-rations, associations, firms, partnerships,governmental subdivisions and agencies andpublic and private organizations of any char-acter. [1983 c.609 §2; 2011 c.720 §120; 2013 c.688 §55]

411.675 Submitting wrongful claim forpayment of public assistance or medicalassistance. A person may not obtain or at-tempt to obtain, for personal benefit or thebenefit of another person, a payment for fur-nishing any need to or for the benefit of apublic assistance or medical assistance re-cipient by knowingly:

(1) Submitting or causing to be submittedto the Department of Human Services or theOregon Health Authority a false claim forpayment;

(2) Submitting or causing to be submittedto the department or the authority a claimfor payment that already has been submittedfor payment unless the claim is clearly la-beled as a duplicate;

(3) Submitting or causing to be submittedto the department or the authority a claimfor payment that is a claim that already hasbeen paid by any source unless clearly la-beled as already paid; or

(4) Accepting a payment from the depart-ment or the authority for the costs of itemsor services that have not been provided toor for the benefit of a public assistance ormedical assistance recipient. [1983 c.609 §3; 2011c.720 §121; 2013 c.688 §56]

411.690 Liability of person wrongfullyreceiving payment of public assistance ormedical assistance; amount of recovery;rules. (1) A person who accepts from theDepartment of Human Services or the Ore-gon Health Authority a payment for furnish-ing any need to or for the benefit of a publicassistance or medical assistance recipient isliable to refund or credit the amount of thepayment to the department or the authorityif the person has obtained or subsequentlyobtains from the recipient or from anysource any additional payment for furnishingthe same need. However, the liability of theperson is limited to the lesser of the follow-ing amounts:

(a) The amount of the payment acceptedfrom the department or the authority; or

(b) The amount by which the aggregatesum of all payments accepted or received bythe person exceeds the maximum amountpayable for the need under rules adopted bythe department or the authority.

(2) Notwithstanding subsection (1) of thissection, a person who, after having been af-forded an opportunity for a contested casehearing pursuant to ORS chapter 183, isfound to have violated ORS 411.675 is liableto the department or the authority for treblethe amount of the payment received as a re-sult of the violation.

(3) The department and the authoritymay prosecute civil actions to recover mon-eys claimed due under this section and forcosts and disbursements incurred in such ac-tions. [1963 c.609 §11; 1977 c.669 §1; 1983 c.609 §4; 2011c.720 §122; 2013 c.688 §57]

411.692 Definition for ORS 93.268 and411.694. As used in ORS 93.268 and 411.694,“encumbrance” means a voluntary instru-ment granting a security interest in the af-fected real property to secure a monetaryobligation. [2003 c.638 §1; 2005 c.22 §279]


411.694 Request for notice of transferor encumbrance of real property held byrecipient of public assistance or medicalassistance; rules. (1) When an individualreceives public assistance as defined in ORS411.010 or medical assistance as defined inORS 414.025 and the individual is the holderof record title to real property or the pur-chaser under a land sale contract, the De-partment of Human Services or the OregonHealth Authority may present to the countyclerk for recordation in the deed and mort-gage records of a county a request for noticeof transfer or encumbrance of the real prop-erty.



(2) A title insurance company or agentshall provide the state agency that filed therequest with a notice of transfer or encum-brance as required by ORS 93.268.

(3) If the department or the authority hasfiled a request for notice of transfer or en-cumbrance for recording in the deed andmortgage records, the department or the au-thority shall file with the county clerk atermination of request for notice of transferor encumbrance when it is no longer neces-sary or appropriate to monitor transfers orencumbrances related to the real property.

(4) The department shall adopt by rule aform of the request for notice of transfer orencumbrance, the notice of transfer or en-cumbrance and the termination of request fornotice of transfer or encumbrance that, at aminimum:

(a) Contains the name of the public as-sistance or medical assistance recipient, acase identifier or other appropriate informa-tion that links the individual who is theholder of record title to real property or thepurchaser under a land sale contract to theindividual’s public assistance or medical as-sistance records;

(b) Contains the legal description of thereal property;

(c) Contains a mailing address for thedepartment or the authority to receive thenotice of transfer or encumbrance; and

(d) Complies with the requirements forrecordation in ORS 205.232 and 205.234 forthose forms intended to be recorded.

(5) The authority shall use the formsadopted by the department under subsection(4) of this section and may designate the de-partment to receive, on behalf of the author-ity, a notice of transfer or encumbranceprovided in accordance with subsection (2)of this section.

(6) The department or the authority shallpay the recordation fee required by thecounty clerk under ORS 205.320.

(7) The request for notice of transfer orencumbrance described in this section doesnot affect title to real property and is not alien on, encumbrance of or other interest inthe real property. [2003 c.638 §2; 2011 c.720 §123;2013 c.688 §58]

Note: See note under 411.692.411.700 [1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11;

1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581§9; 2005 c.381 §9; renumbered 411.083 in 2009]

411.703 Issuance of warrants for over-payment of public assistance or medicalassistance. (1) If an overpayment of publicassistance, including supplemental nutritionassistance issued under ORS 411.806 to411.845, or medical assistance is not repaidwithin 30 days of the payment due date, after

an individual has been afforded an opportu-nity for a contested case hearing under ORSchapter 183 relating to the overpayment, theDepartment of Human Services or the Ore-gon Health Authority may:

(a) Issue a warrant that meets the re-quirements of ORS 205.125 for the overpay-ment; and

(b) Present a warrant issued under thissection for recordation in the County ClerkLien Record of the county clerk of anycounty in the state.

(2) The warrant must include the princi-pal amount of the overpayment, interest ac-cumulated pursuant to ORS 82.010 or otherapplicable law, costs associated with record-ing, indexing and serving the warrant andcosts associated with an instrument evidenc-ing satisfaction or release of the warrant.

(3) The department or the authority shallmail a copy of the warrant to the debtor atthe last known address of the debtor.

(4) Upon receipt of the warrant for re-cordation, the county clerk shall record thewarrant in the manner provided in ORS205.125.

(5) Upon issuance of the warrant, thedepartment or the authority may issue a no-tice of garnishment in accordance with ORS18.854.

(6) Upon recording, the warrant:(a) Has the effect described in ORS

205.125 and 205.126; and(b) May be enforced as provided in ORS

18.854 and 205.126. [2003 c.663 §2; 2007 c.118 §2;2009 c.599 §19; 2011 c.720 §124; 2013 c.688 §59]

OREGON SUPPLEMENTAL INCOMEPROGRAM

411.704 Definitions for ORS 411.141,411.706 and 411.708. As used in this sectionand ORS 411.141, 411.706 and 411.708:

(1) “Assistance” means:(a) Cash payments or noncash benefits

provided under ORS 411.706 to or on behalfof a needy person who is a resident of thisstate and who is blind, has a disability or is65 years of age or older; or

(b) Special need allowances for one-timeor ongoing needs.

(2) “Blind” means having:(a) Visual acuity with corrective lenses

that does not exceed 20/200 in the better eye,or vision in the better eye that is restrictedto a field that subtends an angle of notgreater than 20 degrees; or

(b) An equivalent visual impairment, asdetermined by the Department of HumanServices after examination by:



(A) An ophthalmologist licensed to prac-tice medicine and surgery in Oregon or inanother state or territory of the UnitedStates having qualifications substantiallysimilar to those of the State of Oregon; or

(B) An optometrist licensed and practic-ing in Oregon or in another state or territoryof the United States having qualificationssubstantially similar to those of the State ofOregon.

(3) “Disability” means a physical or men-tal impairment that:

(a) Is likely to continue without substan-tial improvement for no less than 12 monthsor to result in death; and

(b) Prevents performance of substantiallyall the ordinary duties of occupations inwhich a person not having the physical ormental impairment is capable of engaging,having due regard to the training, experienceand circumstances of the individual with thephysical or mental impairment.

(4)(a) “Income” means net income in cashor in kind available to the applicant or re-cipient, the receipt of which is regular andpredictable enough to afford security in thesense that the applicant or recipient mayrely upon it to contribute toward meeting theneeds of the applicant or recipient.

(b) “Income” does not include:(A) Earnings or other income that may

be exempted in compliance with federal lawsand regulations; or

(B) Premiums on life insurance policies,whether paid by the applicant, recipient orother person.

(5) “Recipient” means a person who isreceiving assistance provided by the OregonSupplemental Income Program.

(6) “Resources” means an asset that maybe applied toward meeting the needs of theapplicant or recipient, including real andpersonal property holdings contributing tothe maintenance of the applicant or recipientor representing investments or savings thatmay be drawn upon for maintenance pur-poses. [2005 c.381 §2; 2007 c.70 §187; 2009 c.849 §1]

411.705 [1975 c.672 §20; repealed by 1977 c.841 §13]

411.706 Oregon Supplemental IncomeProgram. (1) The Oregon Supplemental In-come Program shall provide assistance ac-cording to the rules of the Department ofHuman Services and on the basis of need,taking into account the income and re-sources available to the applicant or recipi-ent.

(2) Recipients of assistance under theOregon Supplemental Income Program qual-ify for medical assistance as defined in ORS414.025. [2005 c.381 §3; 2007 c.70 §188; 2009 c.849 §2]

411.708 Recovery of supplemental in-come program assistance from certainestates; exceptions; certain transfers ofproperty voidable. (1) The amount of anyassistance paid under ORS 411.706 is a claimagainst the property or interest in the prop-erty belonging to and a part of the estate ofany deceased recipient. If the deceased re-cipient has no estate, the estate of the sur-viving spouse of the deceased recipient, ifany, shall be charged for assistance grantedunder ORS 411.706 to the deceased recipientor the surviving spouse. There shall be noadjustment or recovery of assistance cor-rectly paid on behalf of any deceased recipi-ent under ORS 411.706 except after the deathof the surviving spouse of the deceased re-cipient, if any, and only at a time when thedeceased recipient has no surviving childwho is under 21 years of age or who is blindor has a disability. Transfers of real or per-sonal property by recipients of assistancewithout adequate consideration are voidableand may be set aside under ORS 411.620 (2).

(2) Except when there is a survivingspouse, or a surviving child who is under 21years of age or who is blind or has a disa-bility, the amount of any assistance paid un-der ORS 411.706 is a claim against the estatein any conservatorship proceedings and maybe paid pursuant to ORS 125.495.

(3) Nothing in this section authorizes therecovery of the amount of any assistancefrom the estate or surviving spouse of a re-cipient to the extent that the need for as-sistance resulted from a crime committedagainst the recipient. [Formerly 412.600; 2007 c.70§189; 2007 c.486 §10; 2009 c.595 §263; 2009 c.867 §41; 2011c.602 §35; 2011 c.720 §124a]

GENERAL ASSISTANCE411.710 Basis for granting general as-

sistance; rules. (1) General assistance shallbe granted in accordance with the rules andregulations of the Department of HumanServices and on the basis of need, taking intoaccount the income, resources and mainte-nance available to the individual from what-ever source derived and the necessaryexpenditures of the individual and the condi-tions existing in each case.

(2) With respect to health services andneeds to be provided in any general assist-ance programs during any period, and withinthe limits of funds available therefor, the de-partment shall determine and fix, subject tosuch revisions as it may make from time totime:

(a) The types and extent of health ser-vices and needs to be provided to applicantsand recipients.



(b) Statewide uniform standards to beobserved in the provision of health servicesand needs.

(c) The maximum number of days ofhealth services and needs toward the cost ofwhich general assistance funds will be ex-pended in the care of any applicant or recip-ient.

(d) Schedules of maximum fees, chargesand daily rates to which general assistancefunds will be applied toward meeting thecosts of providing health services and needsto an applicant or recipient.

(3) The types and extent of health ser-vices and needs and the amounts to be paidin meeting the costs thereof, as determinedand fixed by the department, shall be thetotal general assistance available to appli-cants and recipients for health services andneeds and the total amounts from generalassistance funds available to vendors inmeeting such costs.

(4) Payments of general assistance formedical care and services shall constitutepayment in full for all such care and servicesfor which the payments were made. [Amendedby 1965 c.556 §18]

411.720 Residence required of appli-cants for general assistance. No personshall be eligible for general assistance unlessthe person is a resident of the State of Ore-gon. [Amended by 1969 c.468 §1]

411.730 Application for general assist-ance; determination of eligibility andamount of grant. The Department of Hu-man Services shall receive all applicationsfor general assistance, and shall determine inaccordance with its rules and regulations theeligibility for and the amount of the assist-ance which any person shall receive.[Amended by 1955 c.613 §2; 1969 c.68 §4; 1971 c.779 §24]

411.740 General assistance adminis-tration. The Department of Human Servicesshall administer and supervise the adminis-tration of general assistance and it shallprescribe the form of and supply all blankapplications, reports, affidavits and suchother forms as the department deems advis-able. [Amended by 1969 c.597 §244; 1971 c.779 §25]

411.750 Cooperation with federal gov-ernment in providing general assistance.The Department of Human Services shall co-operate with the United States Government,departments and agencies of the State of Or-egon and the counties of the state in provid-ing general assistance, either direct relief,community work and training, medical andhospital care or other services for needypersons and shall receive, disburse or dis-tribute all sums of money, commodities andother properties from the United States Gov-ernment, departments or agencies of the

State of Oregon and counties of the state forassistance purposes for needy persons.[Amended by 1967 c.130 §1]

411.752 General assistance project es-tablished. (1) The general assistance projectis established in the Department of HumanServices. The department shall conduct out-reach to individuals who are likely to meetthe qualification criteria for the project andprovide aid and services designed to assistthe individuals in securing housing and Sup-plemental Security Income benefits or SocialSecurity Disability Insurance benefits. Anindividual is qualified to participate in theproject if the individual:

(a) Has been determined by the depart-ment to have a disability that would qualifythe individual for Supplemental Security In-come benefits or Social Security DisabilityInsurance benefits;

(b) Is enrolled in the medical assistanceprogram; and

(c) Is homeless.(2) The aid and services provided under

this section must include, but are not limitedto:

(a) Housing assistance;(b) Cash assistance for personal inci-

dentals; and(c) Assistance in applying for and secur-

ing Supplemental Security Income benefitsor Social Security Disability Insurance bene-fits.

(3) Up to 200 individuals may participatein the project each month. [2016 c.93 §1]


411.753 Advisory group for generalassistance project. The Department of Hu-man Services shall convene an advisorygroup that includes individuals representingnonprofit agencies that, as part of their pri-mary mission, advocate for and provide ser-vices to low income adults. The departmentshall work with the advisory group to:

(1) Compile a list of attorneys to repre-sent the participants in the general assist-ance project described in ORS 411.752 inappealing adverse determinations by theUnited States Social Security Administra-tion; and

(2) Develop metrics to evaluate the suc-cess of the project in securing for the indi-viduals participating in the project housingand Supplemental Security Income benefitsor Social Security Disability Insurance bene-fits. [2016 c.93 §2]




411.760 Assistance grants areinalienable. All moneys granted under theprovisions of ORS 411.060, 411.070, 411.706,411.710 to 411.730 and 411.752 are inalienableby any assignment or transfer and are ex-empt from garnishment, levy or executionunder the laws of this state. [Amended by 2005c.381 §10; 2016 c.93 §6]

411.765 [1969 c.207 §2; repealed by 2001 c.900 §261]411.770 [Repealed by 1953 c.500 §12]411.775 [1969 c.207 §3; repealed by 2001 c.900 §261]411.785 [1969 c.207 §4; repealed by 2001 c.900 §261]

411.790 Assistance to certain personsreceiving employment income. (1) Ingranting general assistance, the Departmentof Human Services shall apply a graduatedscale that disregards a portion of a person’sincome, if that income is earned in employ-ment that is part of an approved treatmentor rehabilitation program and if the personhas been unemployed and receiving generalassistance due to chronic mental illness.

(2) The department shall continue toprovide health services and needs, as de-scribed in ORS 411.710 (2), to a person de-scribed in subsection (1) of this section for aperiod of time not to exceed two years afterthe person ceases to receive general assist-ance if:

(a) Group health insurance is not avail-able to the person through employment orotherwise; and either

(b) Termination of eligibility for healthservices and needs would seriously inhibitthe person’s ability to continue employment;or

(c) The person’s earnings are not suffi-cient to allow the person a reasonableequivalent of the general assistance andhealth service benefits which would beavailable to the person in the absence of theearnings.

(3) If the person described in subsection(1) of this section is covered by a grouphealth insurance plan, the department shallcontinue to provide health services andneeds for the limited purpose of paying thecosts of treatment for preexisting conditionsuntil such costs are paid in whole or in partby the group health insurance policy.

(4) For purposes of this section, “ap-proved treatment and rehabilitationprogram” and “chronic mental illness” shallbe defined by the department by rule.

(5) For the purposes of general assist-ance, any work performed by a person whilethat person is hospitalized in a state or com-munity psychiatric hospital shall not be con-sidered employment.

(6) Nothing in this section is intended tolimit the authority of the department to dis-

regard the income of, and extend the periodof eligibility for health services and needs to,persons other than those described in sub-section (1) of this section. [1981 c.341 §2; 2001c.900 §93]

411.795 Claim against estate of de-ceased recipient of general assistance. (1)The amount of any general assistance paidunder ORS chapter 411 is a claim against theproperty or any interest therein belonging toand a part of the estate of any deceased re-cipient or if there be no estate or the estatedoes not have sufficient assets to satisfy theclaim, the estate of the surviving spouseshall be charged for such aid paid to eitheror both; provided, however, that there shallbe no adjustment or recovery of any generalassistance correctly paid to or on behalf ofany individual under ORS chapter 411 exceptafter the death of such individual and thesurviving spouse of the individual, if any, andonly at a time when the individual has nosurviving child who is under 21 years of ageor is blind or permanently and totally disa-bled.

(2) Except where there is a survivingspouse, or a surviving child who is under 21years of age or is blind or permanently andtotally disabled, the amount of any generalassistance paid under ORS chapter 411 is aclaim against the estate in any conservator-ship proceedings and may be paid pursuantto ORS 125.495.

(3) This section does not authorize therecovery of the amount of any aid from theestate or the surviving spouse of a recipientto the extent that the need for aid resultedfrom a crime committed against the recipi-ent.

(4) This section does not create a claimagainst the property or interests of a recipi-ent of general assistance provided under ORS411.752. [1971 c.422 §1; 1975 c.386 §1; 1985 c.522 §1; 1995c.664 §91; 2005 c.754 §2; 2013 c.688 §60; 2016 c.93 §7]

Note: 411.795 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 411 by legislative action. See Preface toOregon Revised Statutes for further explanation.

411.800 [1980 c.18 §1; 1983 c.2 §2; 1985 c.255 §1; 1985c.819 §1; 1987 c.71 §1; 1989 c.1001 §1; 1991 c.39 §1; 1993c.11 §1; 1995 c.148 §1; repealed by 1997 c.581 §48]

SPOUSAL CARE411.802 Compensation for in-home

care by spouse. If an approved provider whois compensated by the Department of HumanServices for providing in-home care to a re-cipient of public assistance or medical as-sistance marries the recipient, thedepartment shall consider the care providedas compensable even though provided by aspouse. The standard of compensation underthis section shall be the same as the stan-dard applied for in-home care provided by an



approved provider not residing in the homeof the recipient. [1987 c.629 §2; 2001 c.900 §94; 2013c.688 §61]

411.803 When spouse may be compen-sated for in-home care. When a marriedrecipient of public assistance provided underORS 411.706 requires in-home care, the De-partment of Human Services shall providethat such care be compensated even thoughprovided by the spouse, in the manner and tothe extent specified by rule of the depart-ment based on the extent of need and theavailability of funds therefor. [1985 c.638 §2; 2001c.900 §95; 2005 c.381 §11]

411.805 [1961 c.526 §1; repealed by 1963 c.599 §2(411.806 enacted in lieu of 411.805)]

SUPPLEMENTAL NUTRITIONASSISTANCE PROGRAM

411.806 Definitions for ORS 411.806 to411.845. As used in ORS 411.806 to 411.845,unless the context or a specially applicablestatutory definition requires otherwise:

(1) “Administrative costs” means, but isnot limited to, costs in connection with:

(a) Distributing supplemental nutritionassistance to recipients under the Supple-mental Nutrition Assistance Program;

(b) The compensation of personnel whileemployed in carrying out ORS 411.806 to411.845; and

(c) Reimbursement of the federal govern-ment for any loss described in ORS 411.830.

(2) “Household” means two or more re-lated or nonrelated individuals who do notreside in an institution.

(3) “Issuing agency” means the Depart-ment of Human Services.

(4) “Recipient” means an individual orhousehold determined and certified, pursuantto ORS 411.816 or 411.825, to be eligible toreceive supplemental nutrition assistanceunder the Supplemental Nutrition AssistanceProgram.

(5) “Supplemental Nutrition AssistanceProgram” means a program under which thefederal government makes aid available tothe state or its agencies for distributionthrough electronic benefits transfer or bycheck to individuals and households certifiedto be in economic need of and eligible to re-ceive such aid for the purchase of food fromretail food outlets. [1963 c.599 §3 (enacted in lieuof 411.805); 1971 c.779 §26; 1997 c.581 §10; 2009 c.599 §1]


411.811 Distribution by tribal councils;duties of department with respect to fooddistribution programs; rules. (1) A tribalcouncil of an Indian tribe may make direct

distribution of food commodities to recipi-ents.

(2) With respect to food distribution pro-grams, the Department of Human Servicesshall:

(a) Execute agreements necessary tomaintain the eligibility of this state to re-ceive food commodities, and to carry into ef-fect ORS 411.806 to 411.845 relating to suchprograms, including agreements with otheragencies of this state, with the federal gov-ernment and its agencies, and with tribalcouncils of Indian tribes;

(b) Order, ship and store food commod-ities pending their delivery to tribal councilsof Indian tribes or otherwise for direct dis-tribution to recipients;

(c) Determine and require that the stor-age, distribution and handling of food com-modities are made in accordance with stateand federal laws, rules, regulations and re-quirements;

(d) Determine the quantities of food com-modities which recipients shall be entitled toreceive with respect to any period and ge-ographical area; and

(e) Except as otherwise provided by ORS411.816, adopt and enforce rules necessary tomaintain the eligibility of this state to re-ceive food commodities and to carry into ef-fect ORS 411.806 to 411.845 relating to suchprograms. [1963 c.599 §5 (enacted in lieu of 411.810);1971 c.779 §27; 1989 c.942 §1]

411.813 Farm Direct Nutrition Pro-grams authorized; rules. (1) The OregonHealth Authority, in partnership with theState Department of Agriculture, is author-ized to operate a Farm Direct Nutrition Pro-gram to provide supplemental assistance toparticipants in the Women, Infants and Chil-dren Program established by ORS 413.500 forthe purchase of fresh, unprocessed, locallygrown fruits, vegetables and herbs fromfarmers’ markets or roadside stands.

(2) The authority, in partnership with thedepartment, is authorized to operate a SeniorFarm Direct Nutrition Program to providesupplemental assistance to individuals whoare 60 years of age or older and who receivemedical assistance under ORS chapter 414 orsupplemental nutrition assistance under ORS411.806 to 411.845, to purchase fresh, un-processed, locally grown fruits, vegetablesand herbs from farmers’ markets or roadsidestands.

(3) The authority shall adopt by ruleprocedures and eligibility criteria for theFarm Direct Nutrition Program and theSenior Farm Direct Nutrition Program to



permit the state to receive grants from theUnited States Department of Agriculturethrough the WIC Farmers’ Market NutritionProgram described in 7 C.F.R. part 248 andthe Senior Farmers’ Market Nutrition Pro-gram described in 7 C.F.R. part 249. [2013 c.92§1]



411.816 Eligibility for and amount ofassistance; rules. The Department of Hu-man Services shall adopt rules conforming tofederal laws and regulations required to beobserved in maintaining the eligibility of thisstate to receive from the federal government,and to issue supplemental nutrition assist-ance under the Supplemental Nutrition As-sistance Program. Rules adopted by thedepartment pursuant to this section shall re-late to and include, but shall not be limitedto:

(1) The classifications of and require-ments of eligibility for individuals andhouseholds to receive supplemental nutritionassistance under the program. The limita-tions upon the income and resources of indi-viduals and households established asrequirements of eligibility under this sectionshall not exceed the maximum limitations onincome and resources allowable under fed-eral laws, rules and regulations;

(2) The periods during which individualsand households shall be certified or recerti-fied to be eligible to receive supplementalnutrition assistance under the program;

(3) The amount of supplemental nutritionassistance to be issued or allotted to recipi-ents, with respect to any period, under theprogram;

(4) Periodic redetermination and reviewof the eligibility of recipients to receive sup-plemental nutrition assistance under theprogram;

(5) Cancellation of certifications issuedfor, and adjustment of the numbers of indi-viduals in any household eligible to receivesupplemental nutrition assistance issued torecipients under the program for any periodin accordance with changes of circumstancesin individual cases; and

(6) Procedures to review, on the basis ofsubstantial hardship, request for such ad-

justments. [1963 c.599 §7 (enacted in lieu of 411.815);1969 c.571 §1; 1989 c.942 §2; 1997 c.581 §11; 2009 c.599 §2]

(Temporary provisions relating toapplication by Department of Human

Services for waiver of SNAPrequirements with respect to installmentpayments of dependent care tax credits)

Note: Sections 1 and 2, chapter 220, Oregon Laws2017, provide:

Sec. 1. (1) No later than 90 days after the effectivedate of this 2017 Act [October 6, 2017], the Departmentof Human Services shall submit to the United StatesDepartment of Agriculture a request for approval towaive the requirements of 7 U.S.C. 2014(d)(18) in orderto exclude monthly distributions of an advance paymentof the tax credit available for dependent care underORS 315.264 from consideration in determining eligibil-ity for Supplemental Nutrition Assistance.

(2) The department shall report the status of therequest to the Legislative Assembly no later than Sep-tember 15, 2018, and annually thereafter until September15 following the date that the United States Departmentof Agriculture approves or denies the request forwaiver. [2017 c.220 §1]

Sec. 2. Section 1 of this 2017 Act is repealed onJanuary 1, 2023. [2017 c.220 §2]

411.818 [2007 c.526 §§2,3; 2009 c.599 §3; repealed by2015 c.70 §8]

411.820 [1961 c.526 §§4,5; 1963 c.599 §12; 1975 c.179§1; repealed by 1997 c.581 §48]

411.825 Administration of Supple-mental Nutrition Assistance Program. (1)The Department of Human Services shall de-termine and certify the eligibility of all indi-viduals and households to receivesupplemental nutrition assistance under theSupplemental Nutrition Assistance Program.

(2) The department shall:(a) Issue to recipients supplemental nu-

trition assistance made available from thefederal government under the program; and

(b) Account to the federal government forall such supplemental nutrition assistance.

(3) In order to carry out the provisionsof ORS 411.806 to 411.845, the department isauthorized to contract with any govern-mental agencies or private agencies for dis-tribution of supplemental nutritionassistance. [1963 c.559 §10; 1971 c.779 §28; 1975 c.179§2; 1997 c.581 §12; 2009 c.599 §4]

411.827 Appropriation of sums re-ceived from federal government. All sumsreceived by the Department of Human Ser-vices from the federal government to assistin meeting the costs of processing applica-tions from, and of certifying and recertifying,individuals and households under ORS411.806 to 411.845 are hereby appropriated tothe department for expenditure in meetingthe costs of processing applications from, andmaking certifications and recertifications of,individuals and households for the benefitsmade available pursuant to ORS 411.806 to411.845. [1963 c.599 §14]



411.830 Payment of losses from pro-gram. (1) Any loss for which this state or itsagencies may be liable to reimburse the fed-eral government, in accordance with federallaws or regulations applicable to the Supple-mental Nutrition Assistance Program, shallbe paid from funds appropriated to the De-partment of Human Services for the purposesof ORS 411.806 to 411.845.

(2) Subsection (1) of this section shall notrelieve any person of any civil or criminalliability to this state. [1963 c.599 §15; 1981 c.858§1; 1997 c.581 §13; 2009 c.599 §5]

411.835 [1963 c.599 §9; 1997 c.581 §14; repealed by2009 c.599 §27]

411.837 Compliance with state andfederal laws required. Counties, state insti-tutions and agencies, issuing agencies, retailfood outlets, wholesale food concerns, banksand all persons who participate in or admin-ister any part of the Supplemental NutritionAssistance Program shall comply with allstate and federal laws, rules and regulationsapplicable to such plans. [1963 c.599 §11; 2009c.599 §6]

411.840 Unlawfully obtaining or dis-posing of supplemental nutrition assist-ance. (1) A person may not knowingly obtainor attempt to obtain, or aid or abet anotherperson in obtaining or attempting to obtain,any supplemental nutrition assistance towhich the person or such other person is notentitled to receive or use under ORS 411.806to 411.845, or under any rule or regulationpromulgated pursuant to ORS 411.806 to411.845.

(2) A person may not knowingly give,sell, trade or otherwise dispose of supple-mental nutrition assistance to another per-son who is not entitled to receive or use theassistance pursuant to ORS 411.806 to411.845, or pursuant to any rule or regulationpromulgated pursuant to ORS 411.806 to411.845. [1963 c.599 §16; 1997 c.581 §15; 2009 c.599 §7]

411.845 Prosecution; costs; account-ing. (1) If any person obtains, gives, sells,trades or otherwise disposes of any supple-mental nutrition assistance in violation ofORS 411.840, the district attorney shall pros-ecute, for and in the name of the State ofOregon, a civil action or suit to recover fromsuch person the amount of the supplementalnutrition assistance obtained, given, sold,traded or otherwise disposed of by such per-son.

(2) In any suit or action prosecuted undersubsection (1) of this section, the state isentitled to recover interest and its costs anddisbursements incurred in such suit or ac-tion.

(3) Moneys recovered by the state underthis section shall be accounted for or paid to

the federal and state governments, as theirrespective interests therein may appear. [1963c.599 §17; 1997 c.581 §16; 2009 c.599 §8]

411.848 [1991 c.965 §3; renumbered 458.530 in 1993]411.849 [1991 c.965 §4; 1993 c.271 §2; renumbered

458.532 in 1993]411.850 [1991 c.965 §5; renumbered 458.545 in 1993]411.851 [1991 c.965 §1; renumbered 458.540 in 1993]

COMMUNITY WORK AND TRAINING PROGRAMS

411.855 Definitions for ORS 411.855 to411.870. For the purposes of ORS 411.855 to411.870:

(1) “Community work and training pro-gram” means a program of a constructivenature designed to conserve work skills andto develop new skills of applicants and re-cipients of public assistance, pursuant to aplan jointly entered into by the Departmentof Human Services and a public entity, pri-vate nonprofit organization or private busi-ness under which such public entity, privatenonprofit organization or private businessundertakes to provide work or training toapplicants or recipients of public assistance,who are required to participate withoutcompensation in such program, and to pro-vide supervision and control over such workor training.

(2) “Private business” means any busi-ness in which a profit may be made by theowner of the business.

(3) “Private nonprofit organization”means any organization which provides aservice available to the general public wherefunding is based wholly or in part by do-nations from the general public and in whichno part of the income of which is distribut-able to its members, directors or officers.

(4) “Public entity” means any agency ofthe federal or state government, county, city,town, public corporation or political subdivi-sion in this state, including the Departmentof Human Services with respect to work ortraining in the department. [1961 c.631 §1; 1965c.291 §1; 1967 c.130 §2; 1969 c.597 §245; 1971 c.779 §29;1979 c.99 §1; 1993 c.739 §21]

411.860 Community work and trainingprograms authorized for general assist-ance applicants or recipients. Subject torules and regulations promulgated by theDepartment of Human Services, eachemployable applicant or recipient of generalassistance may be required to participatewithout compensation in a community workand training program, as a condition to agrant of general assistance for the benefit ofthe applicant or recipient or those to whomthe applicant or recipient owes a legal dutyof support, and for periods of time limited bythe amount of such assistance, in cash or in



kind, provided through such grant. However,no applicant or recipient of general assist-ance shall be required or permitted to per-form labor or services without compensationin a community work and training programif such labor or services can be performed byan employee of the public entity as a part ofthe regular duties of the employee. [1961 c.631§2; 1965 c.291 §2; 1967 c.130 §3]

411.865 Denial of general assistance toapplicants or recipients for failing toparticipate in community work program;causes; rules. The application for or grantof general assistance to any employable indi-vidual required to participate in a commu-nity work and training program may bedenied or suspended for such time as may befixed under rule or regulation of the Depart-ment of Human Services, if such individualwithout good cause:

(1) Fails to participate satisfactorily insuch community work and training programto which the individual may be assigned;

(2) Fails to report for a community workand training program when and as directedby the department or by the supervisor of theindividual therein;

(3) Abandons or repeatedly is absent fromsuch work or training;

(4) Is insubordinate to the supervisor ofthe individual therein;

(5) Fails therein to take due precautionfor the safety of the individual or others, orto use safety clothing or equipment madeavailable to the individual;

(6) Is guilty of misconduct connectedwith such work or training; or

(7) If, within 30 days prior to such appli-cation, the individual was rendered ineligiblefor general assistance in another county, orthe grant of general assistance in anothercounty was suspended, for any of the causesstated in subsections (1) to (6) of this section.[1961 c.631 §3; 1967 c.130 §4; 1971 c.779 §30]

411.870 Approval of programs; rules.All community work and training programsshall be subject to approval of the Depart-ment of Human Services. The departmentshall promulgate and enforce rules and regu-lations necessary to carry into effect ORS411.855 to 411.870. [1961 c.631 §4; 1967 c.130 §5]

411.875 Status of applicants, recipi-ents, beneficiaries and trainees undercommunity work and training program;workers’ compensation coverage. Personswho are applicants, recipients, beneficiariesor trainees in community work and trainingprograms as defined by ORS 411.855, andpersons who are volunteers during their par-ticipation in such programs:

(1) Are not serving in positions in theservices of a public entity as defined by ORS411.855 for the purposes of any civil servicelaw or of any retirement system of suchpublic entity.

(2) Are not employees as defined in ORS657.015.

(3) Shall be provided workers’ compensa-tion coverage under the state workers’ com-pensation system through election underORS 656.039 by the employer or theemployer’s agent or may be provided anotherprogram of insurance if the applicant, recipi-ent, beneficiary or trainee is not otherwisecovered by a program of insurance offeringsimilar coverage. Coverage need not includetime loss benefits. [1967 c.130 §8; 1993 c.739 §22]

JOBS PLUS PROGRAM411.877 Definitions for program. As

used in ORS 411.877 to 411.896:(1) “Board” means the JOBS Plus Advi-

sory Board established in ORS 411.886.(2) “Job opportunities and basic skills

program” means the program described inORS 412.006.

(3) “JOBS Plus” or “program” means theJOBS Plus Program established in ORS411.878.

(4) “Supplemental Nutrition AssistanceProgram” has the meaning given that termin ORS 411.806. [1995 c.561 §2 and 1995 c.816 §15;2009 c.21 §47; 2009 c.599 §9a]

Note: Chapter 561, Oregon Laws 1995, and sections14 to 33, chapter 816, Oregon Laws 1995, were enactedby the Legislative Assembly as duplicate JOBS PlusPrograms. Legislative Counsel has compiled the rele-vant sections of both chapters as ORS 316.680, 411.877to 411.896 and 657.925. Legislative Counsel has not sub-stituted ORS section references for provisions in chapter816, Oregon Laws 1995, that technically are not relatedto the JOBS Plus Program.

411.878 Intent; state program cre-ation; rules. (1) In establishing and imple-menting a program to be known as the JOBSPlus Program, the Legislative Assembly re-cognizes that early attachment to work anddevelopment of knowledge and skills are themost effective means of helping people makethe transition from dependence on public as-sistance and subsiding in poverty to regularemployment and self-reliance. It is the intentof the Legislative Assembly to promotegreater economic self-sufficiency among Ore-gon families by:

(a) Increasing the employability of unem-ployed and underemployed Oregoniansthrough on-the-job training;

(b) Invigorating the public-private work-force partnership through development ofjobs with both private for-profit and publicemployers;



(c) Ensuring that program participantsthrough their employment development planshave opportunities to improve work skills,education and employability and to establishrecent work histories with work site train-ing, mentoring, individual education ac-counts and provision of necessary supportservice benefits that include child care,workers’ compensation, job placement and aguarantee that participation in the JOBSPlus Program does not result in a reductionin net income to a participant when com-pared with the participant’s combined incomefrom the temporary assistance for needyfamilies program and the Supplemental Nu-trition Assistance Program; and

(d) Expeditiously placing program partic-ipants in subsidized and unsubsidized em-ployment.

(2) The JOBS Plus Program is created asa program in which residents of the State ofOregon shall, in lieu of receiving benefits inthe Supplemental Nutrition Assistance Pro-gram and payments from the temporary as-sistance for needy families program, beprovided jobs and paid in a way that pro-motes self-sufficiency and encourages unem-ployed Oregonians to improve their positionsin the workforce. The JOBS Plus Programshall be a public assistance to work strategyfor the State of Oregon and operate underthe job opportunities and basic skills pro-gram and rules adopted thereunder to theextent such rules are not inconsistent withORS 411.877 to 411.896. These rules includebut are not limited to rules regarding partic-ipation requirements and support services.[1995 c.561 §3 and 1995 c.816 §16; 1997 c.581 §17; 2009 c.21§48; 2009 c.599 §9]

411.880 Exemptions and waivers fromfederal law to be obtained. The Governorand the Department of Human Services shallwork diligently to obtain all exemptions andwaivers from and amendments to federalstatutes, rules and regulations necessary toimplement the JOBS Plus Program at theearliest possible date, including but not lim-ited to exemptions under section 1115 (42U.S.C. 1315) of the Social Security Act andsection 17 (7 U.S.C. 2026) of the Food andNutrition Act. [1995 c.561 §4 and 1995 c.816 §17; 2009c.599 §10]

411.882 Maximizing use of federalgrants and apportionments. In administer-ing the JOBS Plus Program and to the extentpermitted by federal law, the Department ofHuman Services shall maximize the use offederal grants and apportionments of thetemporary assistance for needy families pro-gram, the Supplemental Nutrition AssistanceProgram and employment related child care.[1995 c.561 §5 and 1995 c.816 §18; 1997 c.581 §18; 2009 c.21§49; 2009 c.599 §11]

411.884 [1995 c.561 §6 and 1995 c.816 §19; repealedby 2009 c.21 §56]

411.886 JOBS Plus Advisory Board;duties; membership. (1) The JOBS PlusAdvisory Board is established. The boardshall advise the Department of Human Ser-vices in the direction and administration ofthe JOBS Plus Program established in ORS411.878. The board shall have seven members,consisting of six representatives of the busi-ness community and one employed formerrecipient of temporary assistance for needyfamilies or the Supplemental Nutrition As-sistance Program.

(2) The Governor shall appoint newmembers from nominees recommended by theboard.

(3) Members appointed to the board shallserve terms of three years. [1995 c.561 §7 and1995 c.816 §20; 1997 c.581 §19; 2009 c.21 §50; 2009 c.599§12]

411.888 Vacancies on board; chairper-son; meetings. (1) Nominations for personsto fill scheduled vacancies must be made tothe Governor not less than 30 days prior tothe effective date of the vacancy. Nomi-nations for persons to fill an unscheduledvacancy shall be made to the Governor notmore than 30 days after the position becomesvacant.

(2) The JOBS Plus Advisory Board shallselect one of its members to serve as achairperson for such terms and with dutiesand powers necessary for the performance ofthe functions of such office as the board de-termines. A majority of the members of theboard constitutes a quorum for the transac-tion of business.

(3) The board shall meet at least onceeach quarter with the Director of HumanServices.

(4) The board shall report at least annu-ally to the Governor and the Legislative As-sembly on the status and progress of theJOBS Plus Program. The chairperson of theboard shall have the additional duty to workwith and coordinate the local councils cre-ated in ORS 411.890. [1995 c.561 §10(1) to (4) and1995 c.816 §23(1) to (4); 2009 c.21 §51]

411.889 Contracting with private insti-tutions. The Department of Human Servicesshall explore contracting for job procurementand placement services with private jobplacement institutions. If contracting isdeemed beneficial, the Department of HumanServices is encouraged to and shall have theauthority to contract with private placementfirms. [1995 c.561 §10(5) and 1995 c.816 §23(5); 2001c.657 §4; 2009 c.21 §52]

411.890 JOBS Plus ImplementationCouncil; duties; membership. A JOBS PlusImplementation Council shall be established



in service areas to be determined by the Di-rector of Human Services to assist the JOBSPlus Advisory Board and the Department ofHuman Services in the administration of theJOBS Plus Program and to allow local flexi-bility in dealing with the particular needs ofeach county. Each council shall be primarilyresponsible for recruiting and encouragingparticipation of employment providers in thecounty. Each council shall be composed ofseven members who shall be appointed by thecounty commissioners in each county in thedistrict. Council members shall be residentsof the district in which they are appointedand shall serve four-year terms. Six membersof the council shall be from the local busi-ness community. At least one member shallbe a current or former recipient of the tem-porary assistance for needy families programor the Supplemental Nutrition AssistanceProgram. [1995 c.561 §11 and 1995 c.816 §24; 1997 c.581§20; 2001 c.900 §96; 2009 c.21 §53; 2009 c.599 §13]

411.892 Employer eligibility; job re-quirements; program participant eligibil-ity; termination of participation; jobassignment; exemptions; wages; re-imbursement of employers. (1)(a) All em-ployers, including public and private sectoremployers within the State of Oregon, areeligible to participate in the JOBS Plus Pro-gram. The Department of Human Servicesshall adopt by rule a method to disqualifyemployers from participating in the program.No employer is required to participate in theJOBS Plus Program. In the event that thereare unassigned participants whom no em-ployer desires to utilize, the participants maybe assigned to work for a public agency.

(b) The maximum number of programparticipants that any employer is authorizedto receive at any one time may not exceed10 percent of the total number of theemployer’s employees. However, each em-ployer may receive one participant. The Di-rector of Human Services may waive thelimit in special circumstances.

(c) The Department of Human Servicesby rule shall establish criteria for excludingemployers from participation for failure toabide by program requirements, showing apattern of terminating participants prior tothe completion of training or other demon-strated unwillingness to comply with thestated intent of the program.

(2) The Department of Human Servicesshall ensure that jobs made available to pro-gram participants:

(a) Do not require work in excess of 40hours per week;

(b) Are not used to displace regular em-ployees or to fill unfilled positions previouslyestablished; and

(c) Do not pay a wage that is substan-tially less than the wage paid for similar jobsin the local economy with appropriate ad-justments for experience and training.

(3)(a) Eligibility for the program shall belimited to residents who are:

(A) Adults and caretaker relatives whoare receiving temporary assistance for needyfamilies benefits;

(B) Adult Supplemental Nutrition Assist-ance Program recipients except as describedin subsection (5)(b) of this section; and

(C) Unemployed noncaretaker parents ofchildren who are receiving temporary assist-ance for needy families benefits.

(b) In addition to those residents eligiblefor the program under paragraph (a) of thissubsection, additional residents who areseeking employment may be eligible for theprogram if there are legislatively allocatedfunds available in the temporary assistancefor needy families budget of the Departmentof Human Services.

(4)(a) Individuals desiring work throughthe program shall contact the nearest De-partment of Human Services office servingthe county in which they reside if they aretemporary assistance for needy families pro-gram or Supplemental Nutrition AssistanceProgram applicants or recipients or noncus-todial parents of individuals receiving tem-porary assistance for needy families.

(b) With the assistance of the local JOBSPlus Implementation Councils and the JOBSPlus Advisory Board, the Department of Hu-man Services shall develop a job inventoryof sufficient size to accommodate all of theparticipants who desire to work in the pro-gram. In consultation with the participant,the department shall try to match the profileof each participant with the needs of an em-ployer when assigning a participant to workwith the employer.

(c) Either the employer or the participantmay terminate the assignment by contactingthe appropriate Department of Human Ser-vices office. In such event, the Departmentof Human Services shall reassess the needsof the participant and assign the participantto another JOBS Plus Program placement oranother job opportunity and basic skills pro-gram component and, at the employer’s re-quest, provide the employer with anotherparticipant.

(d)(A) If after four months in a place-ment, a participant has not been hired for anunsubsidized position, the employer shall al-low the worker to undertake eight hours ofjob search per week. Participating employ-ers shall consider such time as hours workedfor the purposes of paying wages.



(B) If after six months in a placement, aparticipant has not been hired for an unsub-sidized position, the placement shall be ter-minated, and the caseworker shall reassessthe participant’s employment developmentplan.

(e) The Department of Human Servicesmay pay placement and barrier removal pay-ments to temporary assistance for needyfamilies program and Supplemental NutritionAssistance Program participants as neces-sary to enable participation in the JOBS PlusProgram.

(f) The Department of Human Servicesshall accept eligible volunteers into the pro-gram prior to mandating program partic-ipation by eligible persons.

(5)(a) Assignment of participants toavailable jobs shall be based on a preferenceschedule developed by the Department ofHuman Services. Any temporary assistancefor needy families recipient or supplementalnutrition assistance recipient may volunteerfor the program.

(b) The following individuals may not berequired to participate in the program:

(A) Recipients under the temporary as-sistance for needy families program and theSupplemental Nutrition Assistance Programwho are eligible for Supplemental SecurityIncome benefits or other ongoing state orfederal maintenance benefits based on age ordisability.

(B) Supplemental nutrition assistance ap-plicants or recipients who are employed full-time or are college students eligible forsupplemental nutrition assistance and en-rolled full-time in a community college or aninstitution of higher education, or enrolledhalf-time in a community college or an insti-tution of higher education and working atleast 20 hours per week.

(C) Teenage parents who remain in highschool if progressing toward a diploma.Teenage parents not in school are eligible forthe JOBS Plus Program.

(c) The Department of Human Servicesshall provide life skills classes and opportu-nities to achieve a certificate for passing anapproved high school equivalency test suchas the General Educational Development(GED) test to appropriate participants inconjunction with working in the JOBS PlusProgram.

(d) Subject to subsection (7) of this sec-tion, temporary assistance for needy familiesand supplemental nutrition assistance shallbe suspended at the end of the calendarmonth in which an employer makes the firstwage payment to a participant who is a cus-todial parent in a family that receives tem-porary assistance for needy families or to

any adult member of a household receivingsupplemental nutrition assistance. Failure ofthe participant to cooperate with the re-quirements of the JOBS Plus Program mayresult in the participant’s removal, in accor-dance with rules adopted by the Departmentof Human Services, from the JOBS PlusProgram and suspension of the participant’stemporary assistance for needy families grantand supplemental nutrition assistance. Atemporary assistance for needy families andsupplemental nutrition assistance recipientwho has been removed from the program forfailing to cooperate shall be eligible to reap-ply to participate in the program and shallhave eligibility for program services deter-mined without regard to the length of timethe person was not participating followingremoval.

(6)(a) Employers shall pay all participat-ing individuals at least the hourly rate of theOregon minimum wage.

(b) Sick leave, holiday and vacation ab-sences shall conform to the individualemployer’s rules for temporary employees.

(c) Group health insurance benefits shallbe provided by the employer to program par-ticipants if, and to the extent that, state orfederal law requires the employer to providesuch benefits.

(d) All persons participating in the JOBSPlus Program shall be considered to be tem-porary employees of the individual employerproviding the work and shall be entitled onlyto benefits required by state or federal law.

(e) Employers shall provide workers’compensation coverage for each JOBS PlusProgram participant.

(7) In the event that the net monthlyfull-time wage paid to a participant would beless than the level of income from the tem-porary assistance for needy families programand the supplemental nutrition assistanceamount equivalent that the participant wouldotherwise receive, the Department of HumanServices shall determine and pay a supple-mental payment as necessary to provide theparticipant with that level of net income.The department shall determine and pay inadvance supplemental payments to partic-ipants on a monthly basis as necessary toensure equivalent net program wages. Par-ticipants shall be compensated only for timeworked.

(8) In addition to and not in lieu of thepayments provided for under subsections (6)and (7) of this section, participants shall beentitled to retain the full child support pay-ments collected by the Department of Jus-tice.

(9) In conformity with existing state daycare program regulations, child day care



shall be provided for all program participantswho require it.

(10) JOBS Plus Program employers shall:(a) Endeavor to make JOBS Plus Pro-

gram placements positive learning and train-ing experiences;

(b) Maintain health, safety and workingconditions at or above levels generally ac-ceptable in the industry and no less thanthat of comparable jobs of the employer;

(c) Provide on-the-job training to the de-gree necessary for the participants to per-form their duties;

(d) Recruit volunteer mentors fromamong their regular employees to assist theparticipants in becoming oriented to workand the workplace; and

(e) Sign an agreement to abide by all re-quirements of the program, including the re-quirement that the program not supplantexisting jobs. All agreements shall includeprovisions noting the employer’s responsibil-ity to repay reimbursements in the event theemployer violates program rules. When aprofessional placement service, professionalemployment organization or temporary em-ployment agency is acting as an employerpursuant to subsection (13) of this section,agreements under this paragraph shall re-quire a three-party agreement between theprofessional placement service, professionalemployment organization or temporary em-ployment agency, the organization where theparticipant has been placed to perform ser-vices and the State of Oregon. The three-party agreement shall include provisionsrequiring that all JOBS Plus reimbursementsreceived by the professional placement ser-vice, professional employment organizationor temporary employment agency be creditedto the organization where the participant hasbeen placed to perform services.

(11) Program participant wages shall besubject to federal and state income taxes,Social Security taxes and unemployment in-surance tax or reimbursement as applicableunder ORS chapter 657, which shall be with-held and paid in accordance with state andfederal law. Supplemental payments madepursuant to subsection (7) of this sectionshall not be subject to state income taxesunder ORS chapter 316 and, to the extentallowed by federal law, shall not be subjectto federal income taxes and Social Securitytaxes.

(12)(a) The Department of Human Ser-vices shall reimburse employers for theemployers’ share of Social Security, unem-ployment insurance and workers’ compensa-tion premiums paid on behalf of programparticipants referred to the employer by theDepartment of Human Services, as well as

the minimum wage earnings paid by the em-ployer to program participants referred tothe employer by the Department of HumanServices.

(b) If the Department of Human Servicesfinds that an employer has violated any ofthe rules of the JOBS Plus Program, the de-partment:

(A) Shall withhold any amounts due toemployers under paragraph (a) of this sub-section.

(B) May seek repayment of any amountspaid to employers under paragraph (a) of thissubsection.

(13) For purposes of this section, “em-ployer” shall include professional placementservices, professional employment organiza-tions and temporary employment agencies.[1995 c.561 §13 and 1995 c.816 §28; 1997 c.181 §1; 1997c.249 §127; 1997 c.581 §21; 1997 c.704 §44; 2001 c.657 §3;2007 c.861 §17; 2009 c.21 §54; 2009 c.599 §14; 2015 c.765§9; 2017 c.66 §22]

411.894 Oregon JOBS Individual Edu-cation Account; employer contribution;participant access; administered by Officeof Student Access and Completion. (1) TheOregon JOBS Individual Education Accountis established to improve the position ofJOBS Plus participants in the workforce byincreasing their access to continuing educa-tion. Employer contributions to the accountunder this section shall be used to pay foreducation expenses for the individual as pro-vided in subsection (2) of this section.

(2)(a) After the participant has partic-ipated in the JOBS Plus Program for 30 days,the employer shall pay, in addition to theparticipant wage, one dollar for each partic-ipant hour worked into the participant’s in-dividual education account. Contributions tosuch an account shall be tax deferred ortax-exempt to the extent permitted by federaland state law.

(b) Any participant for whom an OregonJOBS Individual Education Account contrib-ution is made shall be eligible for access toeducation benefits from that participant’s in-dividual education account for up to fiveyears after the participant has left the JOBSPlus Program and has held a full-time, un-subsidized job for at least 30 days.

(c) When any participant has qualifiedfor use of that participant’s individual edu-cation account, an amount equal to thatparticipant’s individual education accountbalance shall be transferred to the Directorof the Office of Student Access and Com-pletion for that participant’s use. Only oneindividual education account shall be createdfor any participant. Each account shall beadministered by the director and shall beused for continuing education and training



for the participant and the participant’s im-mediate family.

(3)(a) The director may use any interestearned by an individual education accounttransferred to the director under this sectionfor payment of expenses incurred by the di-rector in carrying out the director’s dutiesunder this section.

(b) The Department of Human Servicesshall transfer any interest earned by the Or-egon JOBS Individual Education Account tothe General Fund for general governmentalpurposes. The department shall transfer theinterest no later than the close of each fiscalyear in which the interest is earned.

(4) Any unexpended or unobligated mon-eys remaining in an individual education ac-count five years after the participant has leftthe JOBS Plus Program are appropriated andtransferred to the Higher Education Coordi-nating Commission for the Oregon Opportu-nity Grant program on that date. [1995 c.561§14 and 1995 c.816 §29; 1999 c.704 §22; 1999 c.1070 §17;2005 c.837 §16; 2007 c.802 §6; 2011 c.637 §268; 2013 c.747§159; 2017 c.66 §60]

411.896 Annual report on program.The Department of Human Services shallsubmit an annual written report to the Leg-islative Assembly and the Governor contain-ing a full and complete analysis of the JOBSPlus Program. The report shall include rec-ommendations from the department and theJOBS Plus Advisory Board regarding appro-priate revisions to the program. [1995 c.561 §16and 1995 c.816 §31]

DISPLACED HOMEMAKERS411.900 Definitions for ORS 411.900 to

411.910. As used in ORS 411.900 to 411.910unless the context requires otherwise:

(1) “Director” means the Director of Hu-man Services.

(2) “Displaced homemaker” means an in-dividual who:

(a) Has not worked in the labor force fora substantial number of years but has, duringthose years, worked in the home, providingunpaid household services for family mem-bers;

(b) Has been dependent on public assist-ance or on the income of another familymember but is no longer supported by thatincome, or is receiving public assistance onaccount of dependent children in the home,especially where such assistance will be ter-minated within one year as a result of theyoungest child reaching the age of 18; or

(c) Is currently unemployed and is expe-riencing difficulty in obtaining employmentor is currently underemployed as defined inthe Comprehensive Employment and Train-ing Act, Section 675.4 (1979), and is experi-

encing difficulty in upgrading employment.[1977 c.150 §1; 1979 c.572 §1]

Note: 411.900 to 411.910 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 411 by legislative action. SeePreface to Oregon Revised Statutes for further explana-tion.

411.905 Programs for displacedhomemakers; scope of activities. The Di-rector of Human Services shall establishmultipurpose service programs for displacedhomemakers to be staffed to the maximumextent feasible by displaced homemakers.The programs shall include, but are not lim-ited to:

(1) Job placement, counseling and devel-opment services designed for a displacedhomemaker entering the job market after anumber of years as a homemaker outside ofthe labor force;

(2) Job training services developed in co-operation with public and private employersto train displaced homemakers for availablejobs in the public and private sectors, takinginto account the skills and job experiencesof a homemaker and to assist displacedhomemakers in gaining admission to existingpublic and private job training programs;

(3) Health education and counseling ser-vices with respect to general principles ofpreventative health care, health care con-sumer education particularly selection ofphysicians and health care services, familyhealth care and nutrition education, ad-diction to drugs, controlled substances or al-cohol and other related health care matters;

(4) Financial management services whichprovide information and assistance on insur-ance, taxes, estate and probate problems,mortgages, loans and other related financialmatters;

(5) Coordination of program services andexisting community services which may ben-efit the displaced homemaker; and

(6) Information and referral serviceswhich will assist the displaced homemaker toidentify and access resources designed to fa-cilitate the development of independence andeconomic self-sufficiency in the client. [1977c.150 §2; 1979 c.572 §2; 1979 c.744 §19; 1987 c.158 §72]


411.910 Contracts with public and pri-vate agencies to carry out programs. (1)In carrying out the duties described in ORS411.905, the Director of Human Services mayenter into contracts with and make grants topublic and private agencies for the purposeof establishing and operating multipurposeservice programs.

(2) In entering into contracts and makinggrants for the purpose of establishing andoperating multipurpose service programs the



director shall establish priorities amongqualified public and private agencies on thebasis of financial need, geographic distrib-ution, community support and volunteer par-ticipation. [1977 c.150 §3; 1979 c.572 §3]


411.920 [1999 c.1019 §1; 2001 c.684 §5; renumbered660.309 in 2001]

411.923 [1999 c.1019 §2; repealed by 2001 c.684 §38]

411.926 [1999 c.1019 §3; 2001 c.684 §6; renumbered660.321 in 2001]

411.929 [1999 c.1019 §4; 2001 c.684 §14; renumbered660.324 in 2001]

411.932 [1999 c.1019 §5; 2001 c.684 §7; renumbered660.333 in 2001]

411.935 [1999 c.1019 §6; 2001 c.684 §8; renumbered660.330 in 2001]

411.950 [1983 c.753 §5; repealed by 2001 c.900 §261]

411.955 [1983 c.753 §6; repealed by 2001 c.900 §261]

411.960 [1983 c.753 §7; repealed by 2001 c.900 §261]

PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE

ACCESSIBILITY411.965 Policy on program accessibil-

ity. The Legislative Assembly finds:(1) That many persons eligible for public

assistance or medical assistance programs,especially those with the lowest incomes andthe greatest need for assistance, are pre-cluded from receiving benefits because ofprogram inaccessibility;

(2) That program inaccessibility stemsfrom barriers that arise in learning of theavailability of benefits, in applying for bene-fits and in maintaining eligibility once eligi-bility is established;

(3) That a gap often exists between thereading and literacy skills possessed by po-tential applicants to programs and the skillsdemanded for completion of agency applica-tion forms and procedures. Most persons eli-gible for public assistance and medicalassistance programs read at below theeighth-grade level and most public assistanceand medical assistance forms require morethan an eighth-grade reading level;

(4) That simplifying program rules andrewriting forms and brochures to close the“literacy gap” would contribute to decreasingthe program error rate and saving programcosts; and

(5) That the Department of Human Ser-vices and the Oregon Health Authoritywould better serve the people of the State ofOregon by making public assistance andmedical assistance programs accessible tothose low-income persons legally entitled toassistance. [1987 c.3 §2; 2013 c.688 §62]

411.967 Forms and notices to be inplain language. Every form, notice, bro-chure or other written material of the De-partment of Human Services or the OregonHealth Authority intended for use by personsinquiring about, applicants for or recipientsof public assistance or medical assistanceshall be written in plain language. A form,notice, or brochure is written in plain lan-guage if it substantially complies with all ofthe following tests:

(1) Uses short sentences and paragraphs;(2) Uses everyday words readable at an

eighth-grade level of reading ability;(3) Uses simple and active verb forms;(4) Uses type of readable size;(5) Uses uppercase and lowercase letters;(6) Heads sections and other subdivisions

with captions which fairly reflect the contentof the section or subdivision and which arein boldfaced type or otherwise stand out sig-nificantly from the text;

(7) Uses layout and spacing which sepa-rate the paragraphs and sections of the doc-ument from each other and from the bordersof the paper;

(8) Is written and organized in a clearand coherent manner;

(9) Is designed to facilitate ease of read-ing and comprehension; and

(10) Is readable at the sixth-grade levelof reading ability except for vocabulary re-ferred to in subsection (2) of this section.[1987 c.3 §3(1); 2013 c.688 §63]

411.969 Informational materials forapplicants. (1) The Department of HumanServices and the Oregon Health Authorityshall publish, make available and publicize toall persons inquiring about, applicants forand recipients of public assistance or medicalassistance the following informational mate-rials:

(a) Brochures enumerating and explain-ing the public assistance and medical assist-ance programs administered by thedepartment and the authority; and

(b) Publications explaining how publicassistance and medical assistance programsfunction, including but not limited to howgrants are calculated, how overpayments arecalculated, how child support is handled, theeffect of earnings on grants and benefits,hearing rights and the right of the recipientto see the recipient’s file.

(2) All notices of overpayments shallshow the calculation of the overpayment andcontain an explanation of the calculation.[1987 c.3 §4; 2013 c.688 §64]



411.970 When bilingual services re-quired. (1) As used in this section:

(a) “Non-English-speaking household”means a household that does not have anadult member who is fluent in English.

(b) “Written materials” includes allforms, notices and other documents that theDepartment of Human Services or the Ore-gon Health Authority provides to anyEnglish-speaking client for the establish-ment, maintenance and explanation of eligi-bility for public assistance or medicalassistance.

(2) If a Department of Human Serviceslocal office has a caseload that consists of 35or more non-English-speaking householdsthat share the same language, the depart-ment shall provide at the local office writtenmaterials in that language and access to abilingual assistance worker or caseworkerwho is fluent in both that language andEnglish.

(3) The Personnel Division of the OregonDepartment of Administrative Services shallrecruit qualified individuals and shall main-tain lists of such individuals for purposes of

meeting the requirements of this section.[Formerly 411.062; 2013 c.688 §65]

411.972 [1987 c.3 §5; 2001 c.900 §248; renumbered411.089 in 2009]

411.975 [1987 c.3 §6; 2001 c.900 §249; renumbered411.091 in 2009]

411.977 [1987 c.3 §7; 2001 c.900 §97; renumbered411.093 in 2009]

411.979 [1987 c.3 §8; repealed by 1993 c.742 §36]

PENALTIES411.990 Penalties. (1) Violation of ORS

411.320 or 411.335 is a Class C misdemeanor.(2) Violation of any provision of ORS

411.630 or 411.840 is a Class C felony whichmay be reduced to a Class A misdemeanor inaccordance with ORS 161.705.

(3) Violation of ORS 411.675 is a Class Cfelony.

(4) Criminal prosecution of violators ofORS 411.675 shall be commenced in accor-dance with ORS 131.125 (8) and (9). [Subsection(2) of 1959 Replacement Part enacted as 1955 c.501 §3;subsection (3) of 1959 Replacement Part enacted as 1953c.500 §10; part renumbered 416.990; 1963 c.599 §18; 1977c.669 §2; 1981 c.713 §1; 1983 c.609 §5; 1989 c.831 §2; 1997c.427 §2; 2011 c.597 §191; 2012 c.70 §3; 2015 c.417 §2]


411 - oregonlegislature.gov · 411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered 411.970 in...

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