461-120-0345 Effective 9/04/24 - Technical Amendment
Requirement to Cooperate with the Oregon Child Support Program and Obtain Cash Medical Support; OSIPM, QMBThis rule explains the obligation of individuals applying for or receiving benefits under the Oregon Supplemental Income Program Medical (OSIPM) or Qualified Medicare Beneficiaries (QMB) program to cooperate with the Oregon Child Support Program and to obtain cash medical support for any individual receiving Medicaid under the state plan for which the individual can legally assign rights (see OAR 461-120-0310).
- Unless excused from the requirements of subsection (c) of this section or for good cause defined in OAR 461-120-0350:
- Individuals must cooperate with the Department and the Oregon Child Support Program of the Department of Justice in establishing the identity of the parents (see OAR 461-001-0000) of any child (see OAR 461-001-0000) receiving Medicaid under the state plan for which the individual can legally assign rights.
- Individuals must cooperate with obtaining cash medical support.
- The Department may not refer a case for medical support enforcement when the referral is based solely on health care services provided through an Indian Health Program to a child who is eligible for health care services from the Indian Health Service.
- An individual who fails to meet an applicable requirement in section (1) of this rule is ineligible.
- In the case of an individual failing to meet the requirements of section (1) of this rule, the Department shall deny or close program benefits after providing the individual with notice and an opportunity to show good cause (see OAR 461-120-0350).
- The loss of eligibility does not apply to individuals who are not legally able to assign rights on behalf of themselves.
Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 413.085, 414.685
Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 411.404, 413.085, 414.025, 414.685, 42 CFR 433.147, 42 CFR 435.610