2017 ORS 411.095¹
Notice and hearings for public assistance and medical assistance
  • rules

(1)(a) Except as provided in paragraph (b) of this subsection, when the Department of Human Services or the Oregon Health Authority changes a benefit standard that results in the reduction, suspension or closure of a grant of public assistance or a grant of medical assistance, the department or the authority shall mail a notice of intended action to each recipient affected by the change at least 30 days before the effective date of the action.

(b) If the department or the authority has fewer than 60 days before the effective date to implement a proposed change described in paragraph (a) of this subsection, the department or the authority shall mail a notice of intended action to each recipient affected by the change as soon as practicable but at least 10 working days before the effective date of the action.

(2) When the federal government changes a benefit or standard that results in the suspension or closure of supplemental nutrition assistance issued under ORS 411.806 (Definitions for ORS 411.806 to 411.845) to 411.845 (Prosecution) or 413.500 (Women, Infants and Children Program) for the entire caseload or a significant portion of the caseload of recipients in this state, the department and the authority are not required to mail a notice of intended action to each recipient affected by the change but shall publicize the change using one or more of the following methods:

(a) Informing the public through the news media.

(b) Placing posters in the offices that serve affected recipients, in the locations where supplemental nutrition assistance is issued to affected recipients and at other sites frequented by affected recipients.

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

(3) When the department or the authority conducts a hearing pursuant to ORS 416.310 (Estate of deceased person liable for aid received) to 416.340 (Collection of claim against estate of deceased) and 416.510 (Definitions for ORS 416.510 to 416.610) to 416.830 (Acceptance and disbursement of gifts for public assistance) and 416.990 (Penalties) or when the department or the authority proposes to deny, reduce, suspend or terminate a grant of public assistance, a grant of medical assistance or a support service payment used to support participation in the job opportunity and basic skills program, the department or the authority shall provide an opportunity for a hearing under ORS chapter 183.

(4) When emergency assistance or the continuation of assistance pending a hearing on the reduction, suspension or termination of public assistance, medical assistance or a support service payment used to support participation in the job opportunity and basic skills program is denied, and the applicant for or recipient of public assistance, medical assistance or a support service payment requests a hearing on the denial, an expedited hearing on the denial shall be held within five working days after the request. A written decision shall be issued within three working days after the hearing is held.

(5) For purposes of this section, a reduction or termination of services resulting from an assessment for service eligibility as defined in ORS 411.099 (Assessment for service eligibility) is a grant of public assistance.

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

Notes of Decisions

Where agency issued individual notices stating effect that rule terminating program would have on recipient benefits, notices were individual benefit decisions entitling each recipient to contested case hearing. Wheaton v. Kulongoski, 209 Or App 355, 147 P3d 1163 (2006)

Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

1 Legislative Counsel Committee, CHAPTER 411—Public Assistance and Medical Assistance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors411.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 411, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano411.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.