Or. Admin. R. 461-160-0610 - Patient Liability; OSIPM (except OSIPM-EPD)

(1) An individual in the OSIPM (except OSIPM-EPD) program who receives long-term care (see OAR 461-001-0000) services must, in order to remain eligible, make the payment required by this rule, except as provided in sections (2) to (7) of this rule. Individuals must apply their adjusted income to the cost of the care or service in the amount, if any, determined by the Department. This amount is the patient liability. If the individual's adjusted income exceeds the cost of care or service, the individual must pay the full cost of care but has no additional liability.
(2) An individual who receives Supplemental Security Income (SSI), or is deemed to receive SSI under section 1619(b) of the Social Security Act (42 U.S.C. § 1382h(b)), is eligible for OSIPM program benefits without having to make a payment.
(3) The following end on December 31, 2021:
(a) Patient liability for individuals receiving home and community-based care in-home services (see OAR 461-001-0030 and OAR Chapter 411, Division 030),
(b) Independent Choices Program (ICP) patient liability for individuals in OSIPM-ICP (see OAR Chapter 411, Division 030), and
(c) Liability or contribution to the cost of services for Program of All-Inclusive Care for the Elderly (PACE) participants (see OAR Chapter 411 Division 045).
(4) The following individuals, if they receive the services described in section (5) of this rule, are exempt from payments required by this rule:
(a) An adult child with a disability under OAR 461-135-0830.
(b) A widow or widower under OAR 461-135-0820.
(c) A Pickle amendment individual under OAR 461-135-0780.
(5) An individual identified in section (4) of this rule is exempt from payments required by this rule if the individual receives home and community-based care.
(6) In the initial month of placement, an individual may be exempt from payments required under this rule if the Department determines that the individual's income has been exhausted prior to placement. If any income remains, the individual must contribute to the cost of care or service.
(7) An individual residing in an acute care hospital or mental health residential treatment facility is exempt from payments required by this rule while residing in the acute care hospital or mental health residential treatment facility. If a service benefit was received prior to admission to the acute care hospital, payment must be made for that service. For purposes of this rule, only the following types of treatment centers qualify as a mental health residential treatment facility:
(a) A mental health adult foster home.
(b) A mental health residential treatment home.
(c) A mental health residential treatment facility.
(d) A mental health secure residential treatment facility.


Or. Admin. R. 461-160-0610
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95; AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-99; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05; SSP 9-2005(Temp), f. & cert. ef. 7-6-05 thru 10-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 22-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 12-2021, minor correction filed 02/18/2021, effective 2/18/2021; SSP 79-2021, temporary amend filed 12/22/2021, effective 1/1/2022 through 6/29/2022; SSP 34-2022, amend filed 04/28/2022, effective 5/1/2022

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085 & 414.685

Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404 & 411.706

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.