Or. Admin. Code § 461-160-0590 - Assessment of Resources; Community Spouse Provision

In the OSIP and OSIPM programs, this rule applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989.

(1) The Department assesses a couple's combined countable (see OAR 461-001-0000) resources at the beginning of each continuous period of care when requested by either spouse or by a representative acting on behalf of either spouse (see OAR 461-001-0000).

(2) The Department advises requesting parties of the verification needed to make the assessment. Verification of ownership interest and current value of resources must be provided. When verification is not provided within specified time frames, the Department advises requesting parties that an assessment may not be completed.

(3) Either spouse has a right to a contested case hearing:

(a) To contest the Department's determination of the couple's countable resources at the time of resource assessment.

(b) To contest the Department's method of computing the community spouse's resource allowance.

(c) To contest the Department's determination of the amount of the community spouse's resource allowance.

(4) In order to be timely, a hearing request completed about issues under section (3) of this rule must meet the requirements of OAR 461-025-0310.

Notes

Or. Admin. Code § 461-160-0590

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90: SSP 14-2017, f. 6-5-17, cert. ef. 7/1/2017

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 413.085, 414.685

Stats. Implemented: ORS 183.415, 411.060, 411.070, 411.083, 411.404, 411.704, 411.706, 413.085, 414.685