Bill Text: OR HB2701 | 2013 | Regular Session | Introduced

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Bill Title: Relating to medical assistance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2701 Detail]

Download: Oregon-2013-HB2701-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2960

                         House Bill 2701

Sponsored by Representative CLEM (at the request of Neal Feldman)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Department of Human Services, in rules adopted to
prescribe criteria for eligibility for medical assistance, to
exclude an amount not less than federal poverty guideline from
consideration of income available for costs of care of certain
applicants who are also Oregon Supplemental Income Program
recipients.

                        A BILL FOR AN ACT
Relating to medical assistance; amending ORS 411.404.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 411.404 is amended to read:
  411.404. (1) The Department of Human Services shall determine
eligibility for medical assistance according to criteria
prescribed by rule in consultation with the Oregon Health
Authority that take into account:
  (a) The requirements and needs of the applicant and of the
spouse and dependents of the applicant;
  (b) The income, resources and maintenance available to the
applicant; and
  (c) The responsibility of the spouse of the applicant and, with
respect to an applicant who is blind or is permanently and
totally disabled or is under 21 years of age, the responsibility
of the parents.
  (2) Rules adopted by the department under subsection (1) of
this section:
  (a) Shall disregard resources for those who are eligible for
medical assistance only by reason of ORS 414.025 (3)(s), except
for the resources described in ORS 414.025 (3)(s).
   { +  (b) Shall exclude an amount that is not less than the
federal poverty guideline from the income considered available
for the costs of care of an applicant who is a recipient of
federal Social Security disability benefits and who qualifies for
medical assistance under ORS 411.706 (2). + }
    { - (b) - }  { +  (c)  + }May disregard  { + other + } income
and resources within the limits required or permitted by federal
law, regulations or orders.
    { - (c) - }  { +  (d) + } 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.

  (3) Notwithstanding subsections (1) and (2) of this section,
the authority may adopt rules necessary to implement the Health
Care for All Oregon Children program established by ORS 414.231
or applicable provisions of federal law.
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