Or. Admin. R. 461-180-0040 - Effective Dates; Special and Service Needs

Current through Register Vol. 61, No. 4, April 1, 2022

(1) The effective date for a special need is the later of the following:
(a) The date of request (see OAR 461-115-0030) for the special need item; or
(b) The effective date for OSIPM.
(2) The effective date for in-home services (see OAR 411-030-0020) and independent choices program (ICP) benefits (see OAR 411-030-0020) is determined as follows:
(a) For individuals currently receiving Medicaid OHP Plus benefits, the effective date is the later of the following:
(A) The date of request for in-home services or ICP.
(B) The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040.
(C) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).
(b) For individuals not already receiving Medicaid OHP Plus benefits, the effective date is the later of the following:
(A) The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015).
(B) The date of the initial assessment.
(C) The date the individual meets all eligibility requirements for in-home services or ICP in accordance with OAR 411-030-0040.
(D) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).
(3) The effective date for Title XIX services in a licensed community-based setting or Medicaid-certified nursing facility is the later of the following:
(a) The date of request for services.
(b) The date the individual begins residing in the community-based setting or nursing facility.
(c) The effective date of the Medicaid OHP Plus benefit package (see OAR 411-015-0015).
(d) The expiration date of a disqualification period resulting from a transfer of assets (see OAR 461-140-0296).
(4) The effective date for a reduction or termination in services is the later of the following:
(a) The end of the timely continuing benefit decision notice (see OAR 461-001-0000) notice period under OAR 461-175-0050; and
(b) The termination date of a service plan.
(5) The effective date for a reduction or termination of an on-going special need is the end of the timely continuing benefit decision notice, notice period under OAR 461-175-0050.

Notes

Or. Admin. R. 461-180-0040
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 34-2016, f. 9-30-16, cert. ef. 10/1/2016; SSP 15-2019, amend filed 06/11/2019, effective 7/1/2019; SSP 37-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 4/13/2021; SSP 27-2021, amend filed 03/24/2021, effective 4/1/2021

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

Statutes/Other Implemented: ORS 411.060, 409.010 & 411.404

The following state regulations pages link to this page.



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.