Oregon Revised Statutes

Chapter 411 — Public Assistance and Medical Assistance

252 sections

411.010 Definitions

As used in this chapter and in other statutes providing for assistance and services to needy persons, unless the context or a specially applicable statutory definition requires otherwise: “General assistance” means assistance or service of any character provided to needy persons not otherwise provided for to the extent of such need and the availability of f…

411.040 [1969 c.597 §227; 1983 c.740 §140; 1999 c.59 §106; repealed by 2001 c.900 §261]

411.050 [Amended by 1969 c.314 §34; repealed by 1969 c.597 §281]

411.060 Rules

Subject to ORS 417.300 and 417.305, the Department of Human Services shall adopt and enforce rules necessary to ensure full compliance with federal and state laws relating to public assistance programs and functions administered by the department.

411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered 411.970 in 2009]

411.064 [1979 c.834 §3; repealed by 2001 c.900 §261]

411.070 Statewide standards for public assistance; rules

The Department of Human Services shall adopt by rule statewide uniform standards for all public assistance programs and shall effect uniform observance of the rules throughout the state. In establishing uniform statewide standards for public assistance, the department, within the limits of available funds, shall: Take into consideration all basic requireme…

411.072 Public process required if waiver of federal requirement involves policy change

As used in this section “policy change” includes any change in the operation of public assistance programs that affects recipients adversely in any substantial manner, including but not limited to the denial, reduction, modification or delay of benefits. “Policy change” does not include any procedural change that affects internal management but does not adve…

411.075 [Formerly 411.125; 2015 c.765 §8; repealed by 2025 c.405 §3]

411.077 [Formerly 411.145; repealed by 2015 c.765 §28]

411.078 [Formerly 411.155; repealed by 2015 c.765 §28]

411.080 [Amended by 1969 c.597 §230; repealed by 1971 c.319 §11]

APPLICATION; DETERMINATION; RECONSIDERATION

411.081 Public assistance application required; declaration of eligibility; report on change in circumstance; recovery of assistance from SSI award

A person seeking public assistance shall file an application for public assistance with the Department of Human Services. At the time of application, the applicant shall declare to the department any circumstance that directly affects the applicant’s eligibility to receive assistance or the amount of assistance available to the applicant. Upon the receipt of…

411.083 Income and resources that may be disregarded in determining eligibility for public assistance and medical assistance; rules; presentation of fiscal analysis to Emergency Board

The Department of Human Services, in consultation with the Oregon Health Authority, may prescribe by rule that income and resources may be disregarded in the determination of eligibility and the amount of need with respect to a recipient of or applicant for public assistance under ORS 411.706 and ORS chapter 414, if required by federal law or rules adopted p…

411.085 Reconsideration of grants of public assistance

The Department of Human Services may reconsider a grant of general assistance or a grant of public assistance only for the following purposes: To correct an inadvertent clerical or mathematical error made when determining a grant of general assistance or a grant of public assistance; To correct misinformation provided to an applicant or recipient by the de…

411.087 Statement required to obtain public assistance

Every person 18 years of age or over who applies for or receives any type of general assistance or public assistance, as defined in ORS 411.010, whether the general assistance or public assistance is applied for or received for the benefit of the person or of another individual, shall execute to the Department of Human Services at the time of making the appl…

411.089 Receipts for documents supplied by applicants for and recipients of public assistance or medical assistance

The Department of Human Services shall provide written receipts to applicants and recipients for all documents delivered to a local office by the applicant or recipient upon the request of the applicant or recipient. Note: 411.089, 411.091 and 411.093 were added to and made a part of ORS chapter 411 by legislative action but were not added to any smaller se…

411.090 [Amended by 1969 c.597 §231; repealed by 2001 c.900 §261]

411.091 Time for issuance of public assistance; effect of delay

For all recipients who are on the monthly reporting system, the Department of Human Services has 10 calendar days from the date the department receives a complete monthly report to credit the recipient’s electronic benefits transfer card for that month. If the department fails to credit the recipient’s electronic benefits transfer card in a timely manner pu…

411.093 Treatment of public assistance applicants and recipients; grievance procedure

All applicants for and recipients of public assistance shall be treated in a courteous, fair and dignified manner by Department of Human Services personnel. Any applicant or recipient who alleges discourteous, unfair or undignified treatment by department personnel or alleges that incorrect or inadequate information regarding public assistance programs has …

411.095 Notice and hearings for public assistance and medical assistance; rules

Except as provided in paragraph (b) of this subsection, when the Department of Human Services or the Oregon Health Authority changes a benefit standard that results in the reduction, suspension or closure of a grant of public assistance or a grant of medical assistance, the department or the authority shall mail a notice of intended action to each recipient …

411.097 Content of notices of termination of public assistance

When the Department of Human Services terminates a grant of public assistance due to the ineligibility of a recipient or the termination of a public assistance program, the department shall include in the notice of termination a statement indicating that if circumstances affecting the eligibility of the recipient change, the recipient may contact the departm…

411.099 Assessment for service eligibility

As used in this section: “Activities of daily living” has the meaning given that term in ORS 410.600. “Assessment for service eligibility” means a process of evaluating the functional impairment levels of an individual and an individual’s requirements for assistance in performing activities of daily living. No fewer than 14 days prior to conducting a reas…

411.100 [Repealed by 1971 c.779 §78]

411.101 Service eligibility notification procedures and standards for communications; rules

No later than July 1, 2006, the Department of Human Services shall adopt rules establishing notification procedures regarding reassessments for service eligibility and standards for communications between an individual being assessed, and caregivers and family of the individual being assessed, and the case managers who are responsible for implementing the no…

411.103 Notice by regular or electronic mail to recipient of public assistance or medical assistance; final order by default

The Department of Human Services may serve a notice described in ORS 183.415 by regular mail or, if requested by the recipient of the notice, by electronic mail. The legal presumption described in ORS 40.135 (1)(q) does not apply to a notice that is served by regular mail under this section. Except as provided in subsection (3) of this section, a contested …

411.105 [1969 c.68 §3; 1975 c.178 §1; 1977 c.194 §1; 2005 c.381 §6; 2007 c.861 §9; renumbered 411.081 in 2009]

411.110 [Repealed by 1969 c.68 §1 (411.111 enacted in lieu of 411.110)]

411.111 [1969 c.68 §2 (enacted in lieu of 411.110); 2005 c.381 §29; renumbered 411.085 in 2009]

411.113 [1971 c.779 §73; 2001 c.900 §86; repealed by 2005 c.381 §30]

411.114 [1973 c.651 §2; repealed by 2005 c.381 §30]

411.115 [1957 c.572 §1; 1961 c.620 §2; 1965 c.556 §16; 1971 c.779 §9; repealed by 1975 c.180 §1 (411.116 enacted in lieu of 411.115)]

PAYMENTS AND DELIVERY OF SERVICES

411.116 Department contracts and intergovernmental agreements for providing social services to individuals; rules

In addition to its other powers, the Department of Human Services may adopt rules and enter into contracts and intergovernmental agreements, subject to availability of funds therefor and consistent with federal and state law and regulations, for the purpose of providing social services, including protection, job preparation and support services, reduction of…

411.117 [1997 c.330 §2; 2011 c.9 §53; 2023 c.271 §1; renumbered 412.072 in 2023]

411.118 [1997 c.330 §3; renumbered 411.154 in 2009]

411.119 Prohibition against denial of public assistance or medical assistance based on drug conviction; exception

Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony. The Department of Human Services may suspend a person’s supplemental nutrition a…

411.120 [Amended by 1957 c.648 §1; 1961 c.600 §4; 1961 c.620 §3; 1965 c.556 §17; 1967 c.588 §3; 1969 c.123 §1; 1969 c.203 §1; 1971 c.779 §10; 1991 c.66 §1; 1995 c.343 §41; 1997 c.581 §6; 2005 c.381 §7; renumbered 411.141 in 2009]

411.121 Local district pilot projects; rules

Notwithstanding ORS 411.070, the Department of Human Services is authorized to establish and implement local district pilot projects that promote the improvement of work skills, education and employability by offering client incentives that reward significant progress leading toward self-sufficiency. Client incentives offered under this section shall not exc…

411.122 Department to make dependent care payments directly to providers

The Department of Human Services shall provide dependent care payments directly to dependent care providers for eligible families. Note: 411.122 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.

411.125 [1969 c.597 §228b; 1971 c.779 §71; 1981 c.545 §8; 1991 c.10 §1; 1999 c.422 §1; 2001 c.900 §87; renumbered 411.075 in 2009]

411.128 Department’s acceptance of gifts and grants for scholarships

In addition to other funds made available for education and training of public assistance recipients, the Department of Human Services may accept gifts and grants from private sources for the purpose of providing the scholarships or grants authorized under ORS 411.175. The moneys received under subsection (1) of this section shall be deposited in a special …

411.130 [Renumbered 411.142 in 2009]

411.135 Department cooperation with federal government in research and training personnel

In addition to its other powers, the Department of Human Services may: Enter into agreements with, join with or accept grants from, the federal government for cooperative research and demonstration projects for public welfare purposes, including, but not limited to, any project which: Relates to the prevention and reduction of dependency. Aids in effectin…

411.137 Contributions by state and counties for medical assistance demonstration projects under ORS 411.135

Exclusive of all sums of money contributed by the federal government for medical assistance and administration under ORS 414.033 (2) the State of Oregon shall contribute 40 percentum and the several counties of the state in which demonstration projects are operating shall each contribute 60 percentum of all sums, including administrative costs, required to b…

411.139 Grants for assisting refugees

As used in this section: “Eligible entity” means an entity that has, or previously had, contracted with the United States Department of State under 8 U.S.C. 1522(b) or (c) to provide initial resettlement and case management services to refugees. “Refugee” means an individual who is not a United States citizen, who has been in the United States for 60 month…

411.140 [Amended by 1961 c.517 §1; repealed by 1971 c.779 §78]

FINANCING OF PUBLIC ASSISTANCE

411.141 Authorized expenditures by department for public assistance and OSIP medical assistance

The Department of Human Services may, subject to the allotment system provided for in ORS 291.234 to 291.260, expend such sums as are required to be expended in this state to provide public assistance. Expenditures for public assistance include, but are not limited to, expenditures for the following purposes: Temporary assistance for needy families granted …

411.142 Quarterly allocation of funds for each category of public assistance

The Department of Human Services, taking into consideration the total amount of funds available for public assistance in Oregon during the biennial period beginning July 1 of each odd-numbered year, the estimated number of beneficiaries in each category thereof, current and estimated costs of essential needs to maintain a standard of living during such perio…

411.144 Deposit of funds received for public assistance purposes; appropriation

The Department of Human Services shall deposit in the State Treasury to the credit of the General Fund all the amounts received by it from the United States Government or its agencies or from any other source for public assistance purposes. All such funds, together with any remaining balances of funds received for the purposes of public assistance of any typ…

411.145 [1971 c.779 §69; 1993 c.88 §§1,2; 2001 c.900 §88; renumbered 411.077 in 2009]

411.146 Payment of public assistance claims; rules

Warrants shall be drawn by the Oregon Department of Administrative Services in favor of the Department of Human Services for the aggregate amounts of public assistance or refunds to counties duly certified by the department to be due to any person or county in such amount as may be set forth in such certification. The department shall cause to be deposited a…

411.148 Public Welfare Account

There hereby is established in the General Fund of the State Treasury an account to be known as the Public Welfare Account. All moneys in the Public Welfare Account hereby are appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the Public Welfare Account and all appropriations fr…

411.149 Advancements from Public Welfare Account to meet public assistance claims payable from federal funds

Pending receipt by the State Treasurer of federal funds for the payment of public assistance, the moneys in the Public Welfare Account appropriated for expenditure by the Department of Human Services for public assistance purposes shall be expended to the extent necessary to meet claims for public assistance which otherwise would be paid from such federal fu…

411.150 [Repealed by 1971 c.779 §78]

411.151 Department of Human Services revolving fund

The revolving fund in the amount of $50,000 established by warrant drawn on the State Treasurer by the Oregon Department of Administrative Services payable out of the Public Welfare Account in favor of the Department of Human Services is continued. The revolving fund shall be used by the Department of Human Services for the purpose of providing funds to pay …

411.154 Report to Legislative Assembly

The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly on the status and efficacy of: The domestic violence identification process under ORS 412.072; Emergency assistance utilization for victims of domestic violence; and Domestic violence training for department staff, information sharing and ev…

411.155 [1971 c.779 §70; renumbered 411.078 in 2009]

411.159 [Formerly 411.590; 2013 c.688 §40; renumbered 410.619 in 2013]

411.160 [Amended by 1967 c.454 §46; 1967 c.561 §3; 1967 s.s. c.12 §1; repealed by 1969 c.45 §10]

411.170 [Amended by 1963 c.143 §1; repealed by 1969 c.45 §11]

411.171 Certain job referrals prohibited; eligibility not conditioned on employment at workplace involved in labor dispute

The Department of Human Services may not refer any individual on a job referral that would aid in the filling of a job opening that exists because of a labor dispute. Notwithstanding any other provision of law, neither the department nor any other state agency may require as a condition of eligibility to receive benefits or services provided by the departme…

411.175 Scholarships and grants for public assistance recipients

In addition to any other scholarships or grants provided by law and subject to the availability of funds in the Department of Human Services Scholarship Account, the Department of Human Services may award tuition and fee-exempting scholarships or grants and additional funds for purchase of required books and supplies from other funds, whether from public or …

411.180 [Amended by 1963 c.143 §2; repealed by 1969 c.45 §11]

411.190 [Amended by 1955 c.443 §1; 1961 c.657 §1; 1967 c.240 §1; repealed by 1969 c.45 §11]

411.200 [Repealed by 1969 c.45 §10]

411.210 [Amended by 1967 c.240 §2; repealed by 1969 c.45 §10]

411.220 [Subsections (2) and (3) enacted as 1953 c.458 §§2,4; 1961 c.600 §6; 1961 c.620 §4; 1969 c.45 §1; 1969 c.203 §2; renumbered 411.144 in 2009]

411.222 [1955 c.380 §§1,3; repealed by 1957 c.531 §3]

411.230 [Amended by 1967 c.454 §47; 1971 c.80 §5; renumbered 411.146 in 2009]

411.240 [Amended by 1961 c.600 §7; 1963 c.537 §4; 1965 c.440 §3; 1967 c.454 §107; 2003 c.14 §179; renumbered 411.148 in 2009]

411.242 [1953 c.410 §1; 1961 c.600 §8; 1967 c.454 §48; 1971 c.80 §6; renumbered 411.149 in 2009]

411.245 [1953 c.460 §1; 1967 c.71 §1; 1967 c.454 §49; 1971 c.80 §7; 1971 c.779 §12; 2003 c.14 §180; renumbered 411.151 in 2009]

411.250 [Repealed by 1983 c.537 §7]

411.260 [Amended by 1957 c.570 §1; 1969 c.597 §236; 1971 c.779 §13; repealed by 2001 c.900 §261]

411.270 [Amended by 1957 c.570 §2; 1969 c.597 §237; 1971 c.779 §14; repealed by 2001 c.900 §261]

411.280 [Amended by 1969 c.597 §238; 1971 c.779 §15; repealed by 2001 c.900 §261]

411.290 [Repealed by 1969 c.597 §281]

CONFIDENTIALITY OF RECORDS

411.300 Use and custody of records; authorization for department to combine data system with Oregon Health Authority; rules

The Department of Human Services shall adopt and enforce rules governing the custody, use and preservation of the records, papers, files and communications of the department in accordance with applicable privacy laws. The use of the records, papers, files and communications is limited to the purposes for which they are furnished and by the provisions of the …

411.310 [Repealed by 1967 c.98 §1]

411.320 Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions

For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance progra…

411.325 [1953 c.500 §6; 1961 c.620 §5; 1963 c.70 §1; 1967 c.502 §16; 1971 c.779 §18; repealed by 1997 c.581 §48]

411.330 [1953 c.500 §§7,8; 1971 c.779 §19; repealed by 1997 c.581 §48]

411.335 Prohibited use of lists or names

No person or agency shall solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any lists or names for commercial or political purposes of any nature, or for any purpose not directly connected with the administration of the public assistance laws.

411.350 [1967 c.578 §1; 1971 c.779 §20; repealed by 2001 c.900 §261]

411.375 [1955 c.364 §1; 1969 c.597 §240; renumbered 411.593 in 2009]

411.380 [1955 c.364 §2; renumbered 411.594 in 2009]

411.385 [1955 c.364 §3; renumbered 411.596 in 2009]

411.390 [1955 c.364 §4; renumbered 411.597 in 2009]

411.395 [1961 c.171 §2; repealed by 1969 c.597 §281]

MEDICAL ASSISTANCE

411.400 Application for medical assistance

An application for any category of aid shall also constitute an application for medical assistance. The Department of Human Services and the Oregon Health Authority shall accept an application for medical assistance and any required verification of eligibility from the applicant, an adult who is in the applicant’s household or family, an authorized represen…

411.402 Procedures for verifying eligibility for medical assistance; rules

The Department of Human Services and the Oregon Health Authority shall adopt by rule, consistent with federal requirements, the procedures for verifying eligibility for medical assistance, including but not limited to all of the following: The department and the authority shall access all relevant state and federal electronic databases for any eligibility i…

411.404 Determination of eligibility for medical assistance; rules

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. Rules adopted under this section may not …

411.405 [1965 c.556 §14; repealed by 2001 c.900 §261]

411.406 Notice of change in circumstances

A medical assistance recipient shall immediately notify the Department of Human Services or the Oregon Health Authority, if required, of the receipt or possession of property or income or other change in circumstances that directly affects the eligibility of the recipient to receive medical assistance, or that directly affects the amount of medical assistanc…

411.408 Hearing on eligibility for medical assistance; rules

In addition to the requirements in ORS 414.605 (3) and 414.712 (5), if the Oregon Health Authority or the Department of Human Services denies a claim for medical assistance or fails to act with reasonable promptness on a claim for medical assistance, the person making the claim may request a contested case hearing. The hearing shall be held at a time and pla…

411.410 [Amended by 1961 c.605 §3; renumbered 416.020]

411.415 [1971 c.617 §3; 1989 c.224 §80; 1991 c.93 §9; repealed by 2001 c.900 §261]

411.420 [Amended by 1957 c.154 §1; 1961 c.605 §4; renumbered 416.030]

411.425 [1953 c.361 §3; 1955 c.501 §1; 1959 c.273 §1; 1961 c.605 §8; renumbered 416.060]

411.428 [Formerly 411.440; renumbered 416.080]

411.430 [Repealed by 1953 c.361 §19]

411.431 [Formerly 411.598; 2011 c.720 §106; repealed by 2013 c.688 §98]

411.432 [Formerly 411.600; 2011 c.720 §107; repealed by 2013 c.688 §98]

411.434 [Formerly 411.450; 1955 c.501 §2; renumbered 416.090]

411.435 Enrollment of medical assistance program clients; agreements with local governments

The Oregon Health Authority and the Department of Human Services shall endeavor to develop agreements with local governments to facilitate the enrollment of medical assistance program clients. Subject to the availability of funds therefor, the agreement shall be structured to allow flexibility by the state and local governments and may allow any of the follo…

411.438 [Formerly 411.460; renumbered 416.100]

411.439 Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital

As used in this section: “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 substan…

411.440 [Renumbered 411.428 and then 416.080]

411.441 [1959 c.522 §§2,4; renumbered 416.110]

411.442 [1953 c.361 §§4,5; 1961 c.605 §9; renumbered 416.120]

411.443 [Formerly 414.420; 2011 c.720 §110; 2013 c.688 §48; repealed by 2015 c.836 §5]

411.444 [1953 c.361 §6; 1961 c.605 §10; renumbered 416.130]

411.445 [Formerly 414.422; repealed by 2015 c.836 §5]

411.446 [1953 c.361 §7; 1961 c.605 §11; renumbered 416.140]

411.447 Suspension of medical assistance provided to inmates

As used in this section, “correctional facility” means: A local correctional facility as defined in ORS 169.005; A Department of Corrections institution as defined in ORS 421.005; or A youth correction facility as defined in ORS 162.135. The Department of Human Services or the Oregon Health Authority shall suspend, instead of terminate, the medical assis…

411.448 [1953 c.361 §8; 1961 c.605 §17; renumbered 416.170]

411.450 [Renumbered 411.434 and then 416.090]

411.452 [1953 c.361 §9; renumbered 416.180]

411.454 [1953 c.361 §10; renumbered 416.190]

411.456 [1953 c.361 §11; renumbered 416.200]

411.458 [1953 c.361 §12; renumbered 416.210]

411.459 [Formerly 414.051; 2011 c.720 §111; renumbered 414.071 in 2011]

411.460 [Renumbered 411.438 and then 416.100]

411.462 [1953 c.361 §13; 1961 c.605 §20; renumbered 416.230]

411.463 Availability of information on all licensed healing arts

When giving information concerning medical assistance, the Oregon Health Authority and the Department of Human Services shall make available to applicants or recipients materials which include at least a listing of all the healing arts licensed in this state.

411.464 [1953 c.361 §15; renumbered 416.240]

411.466 [1953 c.361 §16; renumbered 416.250]

411.470 [Amended by 1953 c.361 §19; renumbered 416.260]

411.474 [1957 c.571 §1; renumbered 416.270]

411.480 [Renumbered 416.310]

411.490 [Amended by 1961 c.104 §1; renumbered 416.320]

411.500 [Renumbered 416.330]

411.510 [Amended by 1961 c.600 §9; renumbered 416.810]

411.520 [Renumbered 416.820]

411.530 [Renumbered 416.830]

411.552 [1959 c.454 §1; 1961 c.620 §8; renumbered 416.510]

411.554 [1959 c.454 §2; renumbered 416.520]

411.556 [1959 c.454 §3; renumbered 416.530]

411.558 [1959 c.454 §4; renumbered 416.540]

411.560 [1959 c.454 §§5,7; renumbered 416.550]

411.562 [1959 c.454 §6; renumbered 416.560]

411.564 [1959 c.454 §8; renumbered 416.570]

411.566 [1959 c.454 §9; renumbered 416.580]

411.568 [1959 c.454 §11; renumbered 416.590]

411.570 [1959 c.454 §12; renumbered 416.600]

411.572 [1959 c.454 §10; renumbered 416.610]

411.575 [1967 c.588 §2; 1969 c.707 §1; 1971 c.774 §16; 1989 c.966 §46; 1997 c.130 §7; 2003 c.14 §181; renumbered 411.128 in 2009]

411.580 [1967 c.588 §1; 1969 c.123 §2; 1971 c.227 §1; 1971 c.387 §1; 1971 c.774 §17; 1971 c.779 §21a; 1997 c.130 §8; 2003 c.14 §182; renumbered 411.175 in 2013]

411.590 [1975 c.401 §5; 1981 c.784 §23; 1987 c.780 §1; 1999 c.548 §1; 2001 c.900 §89; 2001 c.901 §8; renumbered 411.159 in 2009]

INVESTIGATIONS AND RECOVERY OF PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE

411.593 Investigations; power to subpoena, administer oaths, take depositions and fix witness fees

In connection with any public assistance investigation or hearing, the Director of Human Services, the Director of the Oregon Health Authority or any examiner, referee or other officer duly appointed to conduct the investigation or hearing may by subpoena compel the attendance and testimony of witnesses and the production of books, accounts, documents and ot…

411.594 Petition for enforcement of subpoena issued under ORS 411.593

In case of the refusal of a witness to attend or testify or produce any papers required by such subpoena, the person designated by the subpoena as the person before whom the testimony is to be given or the papers produced, may petition the circuit court in and for the county in which the investigation or hearing is pending for an order directing the witness …

411.595 [1983 c.299 §2; 1987 c.3 §14; 2001 c.900 §90; renumbered 411.072 in 2009]

411.596 Court order to show cause issued upon filing of petition for enforcement of subpoena

Upon the filing of such a petition, the court shall enter an order, a copy of which shall be served upon the witness, directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended and t…

411.597 Court may compel appearance of witness before petitioner

If at the hearing provided for in ORS 411.596 it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the required papers. Failure by the witness to comply with an order made pursuant to su…

411.598 [2005 c.692 §6; renumbered 411.431 in 2009]

411.600 [2005 c.692 §4; 2009 c.263 §3; renumbered 411.432 in 2009]

411.610 Indorsement by others of assistance checks or warrants payable to deceased recipient; disposition of proceeds

Any check or warrant issued by the Department of Human Services or the Oregon Health Authority to a recipient of public assistance or medical assistance who subsequently dies may be indorsed in the name of the deceased by the surviving spouse or a next of kin in the order described in ORS 293.490 (3); and payment may be made and the proceeds used without any…

411.620 Recovery of public assistance or medical assistance obtained or disposed of unlawfully

The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided any other person to obtain public assistance or medical assistance, in violation of a…

411.630 Unlawfully obtaining public assistance or medical assistance

A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance or medical assistance to which the person or other person is not entitled under state law by means of: Any false representation or fraudulent device, or Failure to immediately notify the Department of Human Services or the Orego…

411.632 Relief where assets transferred, removed or secreted

If it reasonably appears that a recipient of public assistance or a recipient of medical assistance has assets in excess of those allowed to a recipient of such assistance under applicable federal and state statutes, rules and regulations, and it reasonably appears that such assets may be transferred, removed, secreted or otherwise disposed, then the Departm…

411.635 Recovery of improperly disbursed public assistance or medical assistance

Medical assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the Oregon Health Authority or the Department of Human Services. Public assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant t…

411.640 Overpayments of public assistance or medical assistance

A person has received an overpayment of public assistance or medical assistance, for purposes of ORS 411.703, if the person has: Received, either for the benefit of the person or for the benefit of any other person, any amount or type of public assistance or medical assistance to which the person or the other person is not entitled under state law; Spent l…

411.650 [1963 c.499 §5; 1965 c.300 §1; 1971 c.799 §23; 2003 c.576 §442; 2009 c.28 §1; renumbered 411.087 in 2009]

411.660 Modification, cancellation or suspension of public assistance

If any person is convicted of a violation of any provision of ORS 411.630, any grant of public assistance made wholly or partially to meet the needs of such person shall be modified, canceled or suspended for such time and under such terms and conditions as may be prescribed by or pursuant to rules or regulations of the Department of Human Services. Subsect…

411.670 Definitions for ORS 411.640, 411.670, 411.675 and 411.690

As used in this section and ORS 411.640, 411.675 and 411.690: “Claims for payment” includes bills, invoices, electronic transmissions and any other document requesting money in compensation for or reimbursement of needs which have been furnished to any public assistance or medical assistance recipient. “Need” means any type of care, service, commodity, she…

411.675 Submitting wrongful claim for payment of public assistance or medical assistance

A person may not obtain or attempt to obtain, for personal benefit or the benefit of another person, a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient by knowingly: Submitting or causing to be submitted to the Department of Human Services or the Oregon Health Authority a false claim for payment; …

411.690 Liability of person wrongfully receiving payment of public assistance or medical assistance; amount of recovery; rules

A person who accepts from the Department of Human Services or the Oregon Health Authority a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient is liable to refund or credit the amount of the payment to the department or the authority if the person has obtained or subsequently obtains from the recipien…

411.692 Definition for ORS 93.268 and 411.694

As used in ORS 93.268 and 411.694, “encumbrance” means a voluntary instrument granting a security interest in the affected real property to secure a monetary obligation. Note: 411.692 and 411.694 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 411 or any series therein by legislative action. See Preface …

411.694 Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance; rules

When an individual receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025 and the individual is the holder of record title to real property or the purchaser under a land sale contract, the Department of Human Services or the Oregon Health Authority may present to the county clerk for recordation in the deed and m…

411.700 [1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11; 1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581 §9; 2005 c.381 §9; renumbered 411.083 in 2009]

411.703 Issuance of warrants for overpayment of public assistance or medical assistance

If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 to 411.845, or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS chapter 183 relating to the overpayment, the Department of Human Servic…

411.704 Definitions for ORS 411.141, 411.706 and 411.708

As used in this section and ORS 411.141, 411.706 and 411.708: “Assistance” means: Cash payments or noncash benefits provided under ORS 411.706 to or on behalf of a needy person who is a resident of this state and who is blind, has a disability or is 65 years of age or older; or Special need allowances for one-time or ongoing needs. “Blind” means having: …

411.705 [1975 c.672 §20; repealed by 1977 c.841 §13]

411.706 Oregon Supplemental Income Program

The Oregon Supplemental Income Program shall provide assistance according to the rules of the Department of Human Services and on the basis of need, taking into account the income and resources available to the applicant or recipient. Recipients of assistance under the Oregon Supplemental Income Program qualify for medical assistance as defined in ORS 414.0…

411.708 Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable

The amount of any assistance paid under ORS 411.706 is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipient, if any, shall be charged for assistance granted under ORS 411.706 to the decease…

411.710 Basis for granting general assistance; rules

General assistance shall be granted in accordance with the rules and regulations of the Department of Human Services and on the basis of need, taking into account the income, resources and maintenance available to the individual from whatever source derived and the necessary expenditures of the individual and the conditions existing in each case. With respe…

411.720 Residence required of applicants for general assistance

No person shall be eligible for general assistance unless the person is a resident of the State of Oregon.

411.730 Application for general assistance; determination of eligibility and amount of grant

The Department of Human Services shall receive all applications for general assistance, and shall determine in accordance with its rules and regulations the eligibility for and the amount of the assistance which any person shall receive.

411.740 General assistance administration

The Department of Human Services shall administer and supervise the administration of general assistance and it shall prescribe the form of and supply all blank applications, reports, affidavits and such other forms as the department deems advisable.

411.750 Cooperation with federal government in providing general assistance

The Department of Human Services shall cooperate with the United States Government, departments and agencies of the State of Oregon and the counties of the state in providing general assistance, either direct relief, community work and training, medical and hospital care or other services for needy persons and shall receive, disburse or distribute all sums o…

411.752 General assistance project established

The general assistance project is established in the Department of Human Services. The department shall conduct outreach to individuals who are likely to meet the qualification criteria for the project and provide aid and services designed to assist the individuals in securing housing and Supplemental Security Income benefits or Social Security Disability In…

411.753 Advisory group for general assistance project

The Department of Human Services shall convene an advisory group that includes individuals representing nonprofit agencies that, as part of their primary mission, advocate for and provide services to low income adults. The department shall work with the advisory group to: Compile a list of attorneys to represent the participants in the general assistance pr…

411.760 Assistance grants are inalienable

All moneys granted under the provisions of ORS 411.060, 411.070, 411.706, 411.710 to 411.730 and 411.752 are inalienable by any assignment or transfer and are exempt from garnishment, levy or execution under the laws of this state.

411.765 [1969 c.207 §2; repealed by 2001 c.900 §261]

411.770 [Repealed by 1953 c.500 §12]

411.775 [1969 c.207 §3; repealed by 2001 c.900 §261]

411.785 [1969 c.207 §4; repealed by 2001 c.900 §261]

411.790 Assistance to certain persons receiving employment income

In granting general assistance, the Department of Human Services shall apply a graduated scale that disregards a portion of a person’s income, if that income is earned in employment that is part of an approved treatment or rehabilitation program and if the person has been unemployed and receiving general assistance due to chronic mental illness. The departm…

411.795 Claim against estate of deceased recipient of general assistance

The amount of any general assistance paid under ORS chapter 411 is a claim against the property or any interest therein belonging to and a part of the estate of any deceased recipient or if there be no estate or the estate does not have sufficient assets to satisfy the claim, the estate of the surviving spouse shall be charged for such aid paid to either or …

411.800 [1980 c.18 §1; 1983 c.2 §2; 1985 c.255 §1; 1985 c.819 §1; 1987 c.71 §1; 1989 c.1001 §1; 1991 c.39 §1; 1993 c.11 §1; 1995 c.148 §1; repealed by 1997 c.581 §48]

SPOUSAL CARE

411.802 Compensation for in-home care by spouse

If an approved provider who is compensated by the Department of Human Services for providing in-home care to a recipient of public assistance or medical assistance marries the recipient, the department shall consider the care provided as compensable even though provided by a spouse. The standard of compensation under this section shall be the same as the sta…

411.803 When spouse may be compensated for in-home care

When a married recipient of public assistance provided under ORS 411.706 requires in-home care, the Department of Human Services shall provide that such care be compensated even though provided by the spouse, in the manner and to the extent specified by rule of the department based on the extent of need and the availability of funds therefor.

411.805 [1961 c.526 §1; repealed by 1963 c.599 §2 (411.806 enacted in lieu of 411.805)]

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

411.806 Definitions for ORS 411.806 to 411.845

As used in ORS 411.806 to 411.845, unless the context or a specially applicable statutory definition requires otherwise: “Administrative costs” means, but is not limited to, costs in connection with: Distributing supplemental nutrition assistance to recipients under the Supplemental Nutrition Assistance Program; The compensation of personnel while employe…

411.810 [1961 c.526 §2; repealed by 1963 c.599 §4 (411.811 enacted in lieu of 411.810)]

411.811 Distribution by tribal councils; duties of department with respect to food distribution programs; rules

A tribal council of an Indian tribe may make direct distribution of food commodities to recipients. With respect to food distribution programs, the Department of Human Services shall: Execute agreements necessary to maintain the eligibility of this state to receive food commodities, and to carry into effect ORS 411.806 to 411.845 relating to such programs,…

411.813 Farm Direct Nutrition Programs authorized; rules

The Oregon Health Authority, in partnership with the State Department of Agriculture, is authorized to operate a Farm Direct Nutrition Program to provide supplemental assistance to participants in the Women, Infants and Children Program established by ORS 413.500 for the purchase of fresh, unprocessed, locally grown fruits, vegetables and herbs from farmers’…

411.815 [1961 c.526 §3; repealed by 1963 c.599 §6 (411.816 enacted in lieu of 411.815)]

411.816 Eligibility for and amount of assistance; rules

The Department of Human Services shall adopt rules conforming to federal laws and regulations required to be observed in maintaining the eligibility of this state to receive from the federal government, and to issue supplemental nutrition assistance under the Supplemental Nutrition Assistance Program. Rules adopted by the department pursuant to this section …

411.818 [2007 c.526 §§2,3; 2009 c.599 §3; repealed by 2015 c.70 §8]

411.820 [1961 c.526 §§4,5; 1963 c.599 §12; 1975 c.179 §1; repealed by 1997 c.581 §48]

411.825 Administration of Supplemental Nutrition Assistance Program

The Department of Human Services shall determine and certify the eligibility of all individuals and households to receive supplemental nutrition assistance under the Supplemental Nutrition Assistance Program. The department shall: Issue to recipients supplemental nutrition assistance made available from the federal government under the program; and Accoun…

411.826 Hours worked as graduate assistant to count toward SNAP work requirements

The Department of Human Services shall consider hours worked as a graduate assistant as hours worked in employment for the purpose of meeting employment and training or other work requirements in the Supplemental Nutrition Assistance Program.

411.827 Appropriation of sums received from federal government

All sums received by the Department of Human Services from the federal government to assist in meeting the costs of processing applications from, and of certifying and recertifying, individuals and households under ORS 411.806 to 411.845 are hereby appropriated to the department for expenditure in meeting the costs of processing applications from, and making…

411.830 Payment of losses from program

Any loss for which this state or its agencies may be liable to reimburse the federal government, in accordance with federal laws or regulations applicable to the Supplemental Nutrition Assistance Program, shall be paid from funds appropriated to the Department of Human Services for the purposes of ORS 411.806 to 411.845. Subsection (1) of this section shall…

411.835 [1963 c.599 §9; 1997 c.581 §14; repealed by 2009 c.599 §27]

411.837 Compliance with state and federal laws required

Counties, state institutions and agencies, issuing agencies, retail food outlets, wholesale food concerns, banks and all persons who participate in or administer any part of the Supplemental Nutrition Assistance Program shall comply with all state and federal laws, rules and regulations applicable to such plans.

411.840 Unlawfully obtaining or disposing of supplemental nutrition assistance

A person may not knowingly obtain or attempt to obtain, or aid or abet another person in obtaining or attempting to obtain, any supplemental nutrition assistance to which the person or such other person is not entitled to receive or use under ORS 411.806 to 411.845, or under any rule or regulation promulgated pursuant to ORS 411.806 to 411.845. A person may…

411.845 Prosecution; costs; accounting

If any person obtains, gives, sells, trades or otherwise disposes of any supplemental nutrition assistance in violation of ORS 411.840, the district attorney shall prosecute, for and in the name of the State of Oregon, a civil action or suit to recover from such person the amount of the supplemental nutrition assistance obtained, given, sold, traded or other…

411.847 Task force on maximizing SNAP benefits

The Task Force on Maximizing Supplemental Nutrition Assistance Program Benefits is established. The task force consists of members appointed by the Director of Human Services who represent the geographic and racial or ethnic diversity of this state and who have: Expertise in food insecurity. Personal experience receiving Supplemental Nutrition Assistance …

411.848 [1991 c.965 §3; renumbered 458.530 in 1993]

411.849 [1991 c.965 §4; 1993 c.271 §2; renumbered 458.532 in 1993]

411.850 [1991 c.965 §5; renumbered 458.545 in 1993]

411.851 [1991 c.965 §1; renumbered 458.540 in 1993]

COMMUNITY WORK AND TRAINING PROGRAMS

411.855 Definitions for ORS 411.855 to 411.870

For the purposes of ORS 411.855 to 411.870: “Community work and training program” means a program of a constructive nature designed to conserve work skills and to develop new skills of applicants and recipients of public assistance, pursuant to a plan jointly entered into by the Department of Human Services and a public entity, private nonprofit organizatio…

411.860 Community work and training programs authorized for general assistance applicants or recipients

Subject to rules and regulations promulgated by the Department of Human Services, each employable applicant or recipient of general assistance may be required to participate without compensation in a community work and training program, as a condition to a grant of general assistance for the benefit of the applicant or recipient or those to whom the applican…

411.865 Denial of general assistance to applicants or recipients for failing to participate in community work program; causes; rules

The application for or grant of general assistance to any employable individual required to participate in a community work and training program may be denied or suspended for such time as may be fixed under rule or regulation of the Department of Human Services, if such individual without good cause: Fails to participate satisfactorily in such community wo…

411.870 Approval of programs; rules

All community work and training programs shall be subject to approval of the Department of Human Services. The department shall promulgate and enforce rules and regulations necessary to carry into effect ORS 411.855 to 411.870.

411.875 Status of applicants, recipients, beneficiaries and trainees under community work and training program; workers’ compensation coverage

Persons who are applicants, recipients, beneficiaries or trainees in community work and training programs as defined by ORS 411.855, and persons who are volunteers during their participation in such programs: Are not serving in positions in the services of a public entity as defined by ORS 411.855 for the purposes of any civil service law or of any retireme…

411.877 Definitions for ORS 411.877 to 411.896

As used in ORS 411.877 to 411.896: “Job opportunities and basic skills program” means the program described in ORS 412.009. “JOBS Plus” or “program” means the JOBS Plus Program established in ORS 411.878. “Supplemental Nutrition Assistance Program” has the meaning given that term in ORS 411.806. Note: Chapter 561, Oregon Laws 1995, and sections 14 to 33,…

411.878 Intent; state program creation; rules

In establishing and implementing a program to be known as the JOBS Plus Program, the Legislative Assembly recognizes that early attachment to work and development of knowledge and skills are the most effective means of helping people make the transition from dependence on public assistance and subsiding in poverty to regular employment and self-reliance. It …

411.880 Exemptions and waivers from federal law to be obtained

The Governor and the Department of Human Services shall work diligently to obtain all exemptions and waivers from and amendments to federal statutes, rules and regulations necessary to implement the JOBS Plus Program at the earliest possible date, including but not limited to exemptions under section 1115 (42 U.S.C. 1315) of the Social Security Act and secti…

411.882 Maximizing use of federal grants and apportionments

In administering the JOBS Plus Program and to the extent permitted by federal law, the Department of Human Services shall maximize the use of federal grants and apportionments of the temporary assistance for needy families program and the Supplemental Nutrition Assistance Program.

411.884 [1995 c.561 §6 and 1995 c.816 §19; repealed by 2009 c.21 §56]

411.886 [1995 c.561 §7 and 1995 c.816 §20; 1997 c.581 §19; 2009 c.21 §50; 2009 c.599 §12; repealed by 2025 c.405 §8]

411.888 [1995 c.561 §10(1) to (4) and 1995 c.816 §23(1) to (4); 2009 c.21 §51; repealed by 2025 c.405 §8]

411.889 Contracting with private institutions

The Department of Human Services shall explore contracting for job procurement and placement services with private job placement institutions. If contracting is deemed beneficial, the Department of Human Services is encouraged to and shall have the authority to contract with private placement firms.

411.890 JOBS Plus Implementation Council; duties; membership

A JOBS Plus Implementation Council shall be established in service areas to be determined by the Director of Human Services to assist the Department of Human Services in the administration of the JOBS Plus Program and to allow local flexibility in dealing with the particular needs of each county. Each council shall be primarily responsible for recruiting and…

411.892 Employer eligibility; job requirements; program participant eligibility; termination of participation; job assignment; exemptions; wages; reimbursement of employers

All employers, including public and private sector employers within the State of Oregon, are eligible to participate in the JOBS Plus Program. The Department of Human Services shall adopt by rule a method to disqualify employers from participating in the program. No employer is required to participate in the JOBS Plus Program. In the event that there are una…

411.894 Oregon JOBS Individual Education Account; employer contribution; participant access; administered by Office of Student Access and Completion

The Oregon JOBS Individual Education Account is established to improve the position of JOBS Plus participants in the workforce by increasing their access to continuing education. Employer contributions to the account under this section shall be used to pay for education expenses for the individual as provided in subsection (2) of this section. After the par…

411.896 Annual report on program

The Department of Human Services shall submit an annual written report to the Legislative Assembly and the Governor containing a full and complete analysis of the JOBS Plus Program. The report shall include recommendations regarding appropriate revisions to the program. DISPLACED HOMEMAKERS

411.900 Definitions for ORS 411.900 to 411.910

As used in ORS 411.900 to 411.910 unless the context requires otherwise: “Director” means the Director of Human Services. “Displaced homemaker” means an individual who: Has not worked in the labor force for a substantial number of years but has, during those years, worked in the home, providing unpaid household services for family members; Has been depen…

411.905 Programs for displaced homemakers; scope of activities

The Director of Human Services shall establish multipurpose service programs for displaced homemakers to be staffed to the maximum extent feasible by displaced homemakers. The programs shall include, but are not limited to: Job placement, counseling and development services designed for a displaced homemaker entering the job market after a number of years a…

411.910 Contracts with public and private agencies to carry out programs

In carrying out the duties described in ORS 411.905, the Director of Human Services may enter into contracts with and make grants to public and private agencies for the purpose of establishing and operating multipurpose service programs. In entering into contracts and making grants for the purpose of establishing and operating multipurpose service programs …

411.920 [1999 c.1019 §1; 2001 c.684 §5; renumbered 660.309 in 2001]

411.923 [1999 c.1019 §2; repealed by 2001 c.684 §38]

411.926 [1999 c.1019 §3; 2001 c.684 §6; renumbered 660.321 in 2001]

411.929 [1999 c.1019 §4; 2001 c.684 §14; renumbered 660.324 in 2001]

411.932 [1999 c.1019 §5; 2001 c.684 §7; renumbered 660.333 in 2001]

411.935 [1999 c.1019 §6; 2001 c.684 §8; renumbered 660.330 in 2001]

411.950 [1983 c.753 §5; repealed by 2001 c.900 §261]

411.955 [1983 c.753 §6; repealed by 2001 c.900 §261]

411.960 [1983 c.753 §7; repealed by 2001 c.900 §261]

PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE ACCESSIBILITY

411.965 Policy on program accessibility

The Legislative Assembly finds: That many persons eligible for public assistance or medical assistance programs, especially those with the lowest incomes and the greatest need for assistance, are precluded from receiving benefits because of program inaccessibility; That program inaccessibility stems from barriers that arise in learning of the availability …

411.967 Forms and notices to be in plain language

Every form, notice, brochure or other written material of the Department of Human Services or the Oregon Health Authority intended for use by persons inquiring about, applicants for or recipients of public assistance or medical assistance shall be written in plain language. A form, notice, or brochure is written in plain language if it substantially complies…

411.969 Informational materials for applicants

The Department of Human Services and the Oregon Health Authority shall publish, make available and publicize to all persons inquiring about, applicants for and recipients of public assistance or medical assistance the following informational materials: Brochures enumerating and explaining the public assistance and medical assistance programs administered by…

411.970 When bilingual services required

As used in this section: “Non-English-speaking household” means a household that does not have an adult member who is fluent in English. “Written materials” includes all forms, notices and other documents that the Department of Human Services or the Oregon Health Authority provides to any English-speaking client for the establishment, maintenance and expla…

411.972 [1987 c.3 §5; 2001 c.900 §248; renumbered 411.089 in 2009]

411.975 [1987 c.3 §6; 2001 c.900 §249; renumbered 411.091 in 2009]

411.977 [1987 c.3 §7; 2001 c.900 §97; renumbered 411.093 in 2009]

411.979 [1987 c.3 §8; repealed by 1993 c.742 §36]

PENALTIES

411.990 Penalties

Violation of ORS 411.320 or 411.335 is a Class C misdemeanor. Violation of any provision of ORS 411.630 or 411.840 is a Class C felony which may be reduced to a Class A misdemeanor in accordance with ORS 161.705. Violation of ORS 411.675 is a Class C felony. Criminal prosecution of violators of ORS 411.675 shall be commenced in accordance with ORS 131.125…