2017 ORS 411.439¹
Suspension of medical assistance of persons with serious mental illness admitted to state hospital

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This section is amended
Effective March 16, 2018
Relating to health care; creating new provisions; amending ORS 411.439 and 743B.287; and declaring an emergency.

(1) As used in this section:

(a) “Person with a serious mental illness” means a person who is diagnosed by a psychiatrist, a licensed clinical psychologist or a certified nonmedical examiner as having dementia, schizophrenia, bipolar disorder, major depression or other affective disorder or psychotic mental disorder other than a disorder caused primarily by substance abuse.

(b) “State hospital” has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205).

(2) Except as provided in subsections (6) and (7) of this section, the Department of Human Services or the Oregon Health Authority shall suspend, instead of terminate, the medical assistance of a person with a serious mental illness when:

(a) The person receives medical assistance because of a serious mental illness; and

(b) The person is admitted to a state hospital.

(3) The department or the authority shall continue to determine the eligibility of the person for medical assistance.

(4) Upon notification that a person described in subsection (2) of this section is no longer residing in a state hospital or that the person is admitted to a medical institution outside of the state hospital for a period of hospitalization, the department or the authority shall reinstate the person’s medical assistance if the person is otherwise eligible for medical assistance.

(5) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for medical assistance.

(6) Subsection (2) of this section does not apply to a person with a serious mental illness residing in a state hospital who is under 22 years of age or who is 65 years of age or older.

(7) A person with a serious mental illness may apply for medical assistance between 90 and 120 days prior to the expected date of the person’s release from a state hospital. If the person is found to be eligible, the effective date of the person’s medical assistance shall be the date of the person’s release from the state hospital. [Formerly 414.424; 2011 c.207 §2; 2011 c.720 §109; 2013 c.688 §47; 2015 c.836 §2]

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.