ORS § 411.447

Current through 2024 Regular Session legislation
Section 411.447 - Suspension of medical assistance provided to inmates
(1) As used in this section, "correctional facility" means:
(a) A local correctional facility as defined in ORS 169.005;
(b) A Department of Corrections institution as defined in ORS 421.005; or
(c) A youth correction facility as defined in ORS 162.135.
(2) The Department of Human Services or the Oregon Health Authority shall suspend, instead of terminate, the medical assistance of a person who is residing in a correctional facility.
(3) Upon notification that a person described in subsection (2) of this section is not residing in a correctional facility or that the person is admitted to a medical institution outside of the correctional facility for a period of hospitalization, the department or the authority shall reinstate the person's medical assistance if the person is eligible for medical assistance.
(4)
(a) A designee of a correctional facility may apply for medical assistance on behalf of a person, while the person is residing in the correctional facility, for the purpose of establishing eligibility for medical assistance upon the person's release from the correctional facility or during a period of hospitalization that will occur outside of the correctional facility.
(b) The designee may obtain information necessary to determine eligibility for medical assistance, including the person's Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 or 413.175. The information obtained under this paragraph may be used only for the purpose of assisting the person in applying for medical assistance and may not be redisclosed without the person's authorization.
(c) If the person is determined eligible for medical assistance, the effective date of the person's medical assistance shall be the date the person is released from the correctional facility or the date the person begins the period of hospitalization outside of the correctional facility.
(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 the medical assistance.

ORS 411.447

Amended by 2015 Ch. 836, § 1, eff. 8/12/2015.
Formerly 414.440

411.447 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.