2017 ORS 411.404¹
Determination of eligibility for medical assistance
  • rules

(1) The Department of Human Services or the Oregon Health Authority shall determine eligibility for medical assistance according to criteria prescribed by rule and in accordance with the requirements for securing federal financial participation in the costs of administering Titles XIX and XXI of the Social Security Act.

(2) Rules adopted under this section may not require any needy person over 65 years of age, as a condition of entering or remaining in a hospital, nursing home or other congregate care facility, to sell any real property normally used as the person’s home. [Formerly 414.042; 2011 c.602 §34; 2011 c.720 §103; 2013 c.14 §5; 2013 c.688 §43]

(formerly 414.042)

Notes of Decisions

Rule arbitrarily limiting number of elective abor­tions woman in medical assistance program may receive was outside authority of Division because under this sec­tion only factors to be considered in determining need are require­ments and needs of individual, income, responsibility of spouse, parent or guardian and individual circumstances. Planned Parenthood Assn. v. Dept. of Human Resources, 297 Or 562, 687 P2d 785 (1984)

Law Review Cita­tions

21 WLR 408 (1985)

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.