Prohibition against denial of public assistance or medical assistance based on drug conviction
- • exception
(1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony.
(2) The Department of Human Services may suspend a person’s supplemental nutrition assistance if:
(a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.752 (Prohibited acts generally) (1)(a) to (c); and
(b) The person is on probation, parole or post-prison supervision and the agency supervising the person makes a recommendation to the department, pursuant to subsection (3) of this section, that the department suspend the person’s supplemental nutrition assistance.
(3) When making a recommendation to the department regarding the continuation or suspension of a person’s supplemental nutrition assistance, a supervising authority shall consider, at a minimum, whether there is reason to believe:
(a) That the person traded the person’s supplemental nutrition assistance for controlled substances; and
(b) That, as a result of the trading, a member of the person’s household who is a dependent of the person did not receive the supplemental nutrition assistance for which the member is eligible.
(4) The department shall reinstate the supplemental nutrition assistance of a person whose benefits were suspended under subsection (2) of this section if the department receives a recommendation from the supervising authority to reinstate the benefits pursuant to subsection (5) of this section.
(5) When making a recommendation to the department regarding the reinstatement of supplemental nutrition assistance, the supervising authority shall consider, at a minimum, the following:
(a) Whether members of the person’s household are also receiving supplemental nutrition assistance; and
(b) Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 §46; 2005 c.706 §22; 2009 c.599 §18; 2013 c.688 §38]
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.