The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 185
TRUST AND AGENCY (T & A) ACCOUNTS AND CLIENT PAY-IN

461-185-0010
T & A Overview, When to Use
(1) T&A is a system for handling client funds when the Department is responsible for receiving and disbursing these funds. These accounts are set up when the Department is the client's representative payee for SSB, SSI, Veterans, or other benefits;
(2) Additionally, Seniors and People with Disabilities Division may set up an account when any of the following is true:
(a) There is no one available to assist the client and the client understands the need for the account;
(b) The client is not able to manage their income or resources;
(c) The account balance of a client's nursing facility personal incidental fund is more than $90.
(3) Do not set up a T&A account for people who are under age 18.
Stat. Auth.: ORS 411.060, ORS 411.070, ORS 411.620, ORS 411.630, ORS 411.632, ORS 411.635, ORS 411.640 & ORS 411.816

Stats. Implemented: ORS 411.060

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
461-185-0020
Authorization of T&A
(1) The client, or their guardian or conservator, authorizes establishment of a T&A account on a form prescribed by the Department.
(2) Spouses must each sign the authorization form to have their funds administered in trust.
(3) Clients not able to sign their name may make a mark. Two people must witness the signing and give their addresses.
Stat. Auth.: ORS 409.050, 411.060, 411.070

Stats. Implemented: ORS 409.050, 411.060, 411.070

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-185-0030
Interest Paid on T&A Accounts
Interest earned from investment of T&A account monies will be put into the T&A accounts on a quarterly basis. Interest will be reported in accordance with IRS regulations on a Department form.
Stat. Auth.: ORS 409.050, 411.060, 411.070

Stats. Implemented: ORS 409.050, 411.060, 411.070

Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 6-1994, f. & cert. ef. 4-1-94
461-185-0050
Client Pay-In System
(1) Except as provided in sections (2)
and (3) of this rule, a client who receives home and community-based care (see OAR
461-001-0030) in-home services and has countable income above the payment standard
for the benefit group must pay to the Department the lesser of the following amounts
as a condition of being eligible for home and community-based care in-home services:
(a) The client's adjusted
income (see OAR 461-160-0620).
(b) The actual cost of home
and community-based care in-home services.
(2) The service liability
of clients in the OSIP-IC and OSIPM-IC programs is calculated in accordance with
section (1) of this rule. Clients in the OSIP-IC and OSIPM-IC programs do not pay
the Department directly. The IC service payment of these clients will be reduced
by the amount of their liability.
(3) A client exempt from
payments under OAR 461-160-0610 is exempt from the payment required by this rule.
(4) Each month, the Department
will send the client an invoice requesting payment based on the calculation in section
(1) of this rule.
(5) Payments must be received
by the Department in the month of service.
Stat. Auth.: ORS 411.060, 411.070, 411.404
Stats. Implemented: ORS 411.060,
411.070, 411.404
Hist.: AFS 29-1994, f. 12-29-94,
cert. ef. 1-1-95; AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 8-2005(Temp), f.
& cert. ef. 7-1-05 thru 10-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05;
SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06;
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 17-2013(Temp), f. & cert. ef.
7-1-13 thru 12-28-13; SSP 26-2013, f. & cert. ef. 10-1-13; SSP 37-2013, f. 12-31-13,
cert. ef. 1-1-14

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contained in the Administrative Order filed at the Archives Division,
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published version are satisfied in favor of the Administrative Order.
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