Or. Admin. Code § 411-100-0030 - Administrative Procedures for State Trust Fund

(1) Life Care Plan. Prior to the execution of the life care plan between the sponsor(s) and the private, non-profit trust, the Division must review and approve the plan within 60 days of receiving the completed life care plan.

(2) Agreement. At the time a beneficiary becomes eligible to receive supplemental services, the private, non-profit trust shall enter into an agreement with the Division. The private, non-profit trust shall transfer the prescribed amount of the beneficiary's funds into the State Trust Fund. Monies transferred into the State Trust Fund shall not be from sources which would result in reduction, impairment, or diminishment of benefits to which a beneficiary is otherwise entitled by law. The agreement shall include the amount of money to be deposited into the beneficiary's account, the supplemental services to be provided, and the amount to be spent for the supplemental services. Other provisions of the agreement shall include, but not be limited to:

(a) The Division shall indicate whether or not the list of supplemental services are currently being provided by public assistance programs and whether or not the supplemental services would in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law;

(b) Each agreement shall identify the beneficiary for which an account must be established in the State Trust Fund and to whom supplemental services will be provided;

(c) Each agreement shall cover the administrative process for implementing the private non-profit trust;

(d) Each agreement may be amended by addenda;

(e) Each agreement shall be reviewed annually and may be amended, as needed;

(f) Each agreement shall require that upon the death of the beneficiary, no less than 50 percent of the remaining assets in the State Trust Fund shall be transferred to the Disability Trust Fund; and

(g) Each agreement shall indicate whether monies from the private, non-profit trust will be transferred no more often than annually to the State Trust Fund, or be left to the discretion of the Division to determine how often monies can be transferred.

(3) The Division shall develop and maintain accounting records for each named beneficiary and shall credit each account monies deposited in the State Trust Fund. The Division shall allocate the interest accumulated to each account proportionately. The Division shall also debit each account when supplemental services are paid for the beneficiary.

(4) The Division shall assist the beneficiary in finding qualified service providers and other supplementary services as defined in the agreement. The Division shall choose the provider of the supplemental services, taking into consideration the needs and desires of the beneficiary.

(5) The Division shall ensure that the beneficiary's provider is notified of the specific services to be provided to the beneficiary, effective dates of such services and the appropriate procedures to be followed for reimbursement.

(6) The Division shall authorize payments for the supplementary services by vouchers.

(7) The agreement between the private, non-profit trust and the Division shall be amended by addenda, no later than 30 days after any change in type of services or provider of services is made.

(8) If the Division determines that the money in the account of a named beneficiary cannot be used for supplementary care, support or treatment of the beneficiary in a manner consistent with the agreement, the remaining money in the account, together with any accumulated interest, shall be promptly returned to the private, non-profit trust.

Notes

Or. Admin. Code § 411-100-0030

SSD 4-1991, f. & cert. ef. 2-1-91

Stat. Auth.: ORS 410.730 & ORS 410.732

Stats. Implemented: ORS 410.730