Or. Admin. Code § 461-180-0050

Current through Register Vol. 63, No. 10, October 1, 2024
Section 461-180-0050 - Effective Dates; Suspending or Closing Benefits and JOBS and REP Support Service Payments
(1) This rule explains the effective date for closing or suspending benefits for the entire benefit group (see OAR 461-110-0750) and the effective date for ending Job Opportunity and Basic Skills (JOBS) and Refugee Employment Program (REP) support service payments.
(2) In all programs, upon the death of the only individual in a benefit group, the effective date of the closure is:
(a) In the Refugee Assistance (REF), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) program, the last day of the month in which the death occurred.
(b) In all other programs, the date of the death.
(3) For all closures and suspensions not covered by section (2) of this rule, the effective date is determined as follows:
(a) When prospective eligibility is used, the effective date for closing or suspending benefits is the last day of the month in which the notice period ends.
(b) For a pregnant individual receiving benefits of the OSIPM program, the effective date for closing benefits is no earlier than the last day of the calendar month in which the 60th day after the last day of pregnancy falls, except at the individual's request.
(c) For an individual who is receiving medical assistance and becomes incarcerated with an expected stay of a year or less, the effective date for suspending medical benefits is the effective date on the decision notice (see OAR 461-001-0000).
(d) The effective date for ending support service payments authorized under OAR 461-190-0211 is the earlier of the following:
(A) The date the related JOBS activity is scheduled to end.
(B) The date the individual no longer meets the requirements of OAR 461-190-0211.
(e) The effective date for ending support service payments authorized under OAR 461-190-0215 is the earlier of the following:
(A) The date the related REP activity is scheduled to end.
(B) The date the individual no longer meets the requirements of OAR 461-190-0215.
(f) In the Oregon Supplemental Income Program (OSIP), Oregon Supplemental Income Program Medical (OSIPM), and Qualified Medicare Beneficiaries (QMB) programs, notwithstanding any other provision in Chapter 461, benefits can be closed retroactively under any of the conditions listed below:
(A) The individual has moved out of state, requested closure of benefits prior to the move, but the Department failed to take the action. The effective date is the end of the month prior to the month in which the individual established residency in the new state.
(B) In the QMB programs, the individual became disenrolled from Medicare. The effective date is the end of the month prior to the month the individual was disenrolled.
(C) The effective date of a retroactive closure described in paragraph (A) above cannot be before the end of the month in which medical claims were incurred and paid.

Or. Admin. Code § 461-180-0050

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 18-2004, f. & cert. ef 7-12-04; SSP 23-2004(Temp), f. & cert. ef. 10-1-04 thru 12-31-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 44-2016, f. 12-7-16, cert. ef. 1/1/2017; SSP 21-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 58-2022, amend filed 12/22/2022, effective 1/1/2023; SSP 20-2023, amend filed 06/22/2023, effective 7/1/2023; SSP 54-2024, amend filed 09/27/2024, effective 10/1/2024

Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006 & 412.009

Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049 & 45 CFR 400