The Oregon Administrative Rules contain OARs filed through November 15, 2015
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION
DEPARTMENT OF VETERANS' AFFAIRS
DIVISION 40
OREGON VETERANS' HOME
274-040-0015
Eligibility for Admission to the Oregon Veterans' Home
(1) To be eligible for admission to the Oregon Veterans' Home (Home), an applicant must be:
(a) A veteran as defined by United States Code, Title 38, section 101, as currently adopted (This publication is on file with the Oregon Department of Veterans' Affairs, 700 Summer Street NE, Salem, Oregon, and is available for public review Monday through Friday between the hours of 8 a.m. and 5 p.m.); or
(b) Spouse or surviving spouse as defined by United States Code, Title 38, section 3.50, as currently adopted (This publication is on file with the Oregon Department of Veterans' Affairs, 700 Summer Street NE, Salem, Oregon, and is available for public review Monday through Friday between the hours of 8 a.m. and 5 p.m.); or
(c) A parent, all of whose children died while serving in the Armed Forces of the United States.
(2) An applicant must also:
(a) Be able to pay the resident's portion of the cost of care;
(b) Require nursing home care as determined by a physician;
(c) Not require medical care for which the Home is not equipped or staffed to provide;
(d) Not have violent traits which may prove dangerous to the applicant, residents of the Home, staff or others, provided however, that nothing in this section shall be interpreted to prevent the admission of residents diagnosed with Alzheimer's Disease or other dementia for whom the facility is equipped and prepared to provide care for common behavior problems and recommended behavior management, and that no one shall be denied admission on the basis of being a potential danger to self or others unless that condition is documented by the attending physician.
(3) Eligible applicants, as determined by the Director of Veterans' Affairs (Director) will be scheduled for admission to the Home (or placed on a waiting list if no beds are available) based on the date that all of the required application materials have been received and level of care requirements can be satisfied, or in such other order as may be deemed appropriate by the Director.
(4) Priority for admission to the Home is as follows:
(a) Former residents of the Home who are eligible for readmission;
(b) Medal of Honor recipients;
(c) Resident Oregon veterans;
(d) Non-resident veterans;
(e) Other applicants as defined in sections (1)(b) and (1)(c) above.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 406.030, 406.050,408.510, 408.520 & 408.530
Stats. Implemented: ORS 406.030, 406.040 & 406.050
Hist.: DVA 3-1998, f. & cert. ef. 3-13-98; DVA 14-2003(Temp), f. & cert. ef. 11-14-03 thru 2-14-04; DVA 15-2003, f. & cert. ef. 12-31-03; DVA 11-2004, f. & cert. ef. 8-25-04; DVA 8-2006, f. & cert. ef. 7-27-06
274-040-0020
Review of Decisions and Procedures for Hearings
(1) Any person adversely affected by a decision of an ODVA official may write a letter of complaint to the Director. The Director shall prepare and send a written response within 30 days of receipt of the written complaint.
(2) If the Director supports the ODVA official's decision, a request may be made within 60 days of the date of mailing of the director's response for an informal hearing with a designated official.
(3) A request for an informal hearing shall be addressed to the Director and shall state:
(a) The nature of the adverse decision;
(b) The date of the decision;
(c) The name of the person making the decision; and
(d) How the person requesting the hearing is adversely affected.
(4) Unless ODVA received written notice of a complaint, the right to a hearing (both informal and contested) shall expire 90 days after the date the complainant had actual knowledge of, or by the exercise of due care would have had knowledge of, the occurrence in dispute.
(5) Within 30 days from receipt of a request for an informal hearing, the Director shall notify the person making the request of the action taken on the request which may be:
(a) Designating an official to conduct an informal hearing;
(b) Reversing or modifying the adverse decision;
(c) Denying the request and reason(s) for denial.
(6) If an official is designated to conduct an informal hearing, the person requesting the hearing shall be notified by mail of the name and title of the official designated and the time and place for the hearing. A time for the hearing must be scheduled within 60 days of the hearing request unless otherwise mutually agreed by the parties.
(7) After conducting an informal hearing, the designated official shall prepare and submit to the Director for approval a written decision. Within 30 days after conducting an informal hearing, a decision approved by the Director shall be mailed to the person for whom the hearing was conducted.
(8) A decision of the designated official, after approval by the Director, shall be final except when, as defined by ORS 183.310(2), a Contested Case exists.
(9) When a Contested Case exists, and a contested case hearing is desired, it must be requested in writing and the request received by the Director within:
(a) 20 days of the date of the mailing of the decision of the designated official if an informal hearing has been held; or
(b) 20 days of service of the notice in a contested case under ORS 183.415.
(10) Contested case hearings will be conducted in accordance with the provisions of ORS 183.413 to 183.470 and the Attorney General's Model Rules of Procedure, OAR 137-003-0001 to 137-003-0092.
Stat. Auth.: ORS 183, ORS 406.030, ORS 406.040, ORS 408.360 & ORS 408.380
Stats. Implemented: ORS 183, ORS 406.030, ORS 408.360 & ORS 406.040
Hist.: DVA 5-1998, f. & cert. ef. 4-22-98
274-040-0025
The Director of Veterans' Affairs May Accept Gifts, Grants, and Donations for the Veterans' Home and Its Residents
Monetary gifts, grants, and donations will be deposited into the Oregon Veterans' Home Trust Fund.
(1) Any grant, donation, or gift that is accepted by the director, under ORS 408.365, whose use is for a designated purpose, shall only be used for the purpose specified, unless the limitations are released or modified by the donor or by law. Any designation for the use of a grant, donation, or gift may only be for a purpose related to the Veterans' Home or its residents.
(2) Any grant, donation, or gift that is accepted by the director, under ORS 408.365, unless otherwise designated for a specific purpose, may be used for the general purpose of operating the Oregon Veterans' Home including expenses that directly or indirectly benefit the residents.
(3) Any grant, donation, or gift, which had been submitted for a specific purpose for which it has been met, may be considered unrestricted and available for operational expenses upon notification to the donor.
(4) Any grant, donation, or gift of property, real or personal, that is accepted by the director under ORS 408.365, and is undesignated property, may be sold and the proceeds deposited into the Oregon Veterans' Home Trust Fund. Any designated property, real or personal, that is accepted by the director also may be sold and the proceeds deposited into the Oregon Veteran's Home Trust Fund and used for the benefit of the specified purpose, unless the limitations are released by the donor or law.
(5) Any non-monetary grant, donation, or gift of property, real or personal, that is accepted by the director, under ORS 408.365, for which it is determined by the director to have no practical value to ODVA, and can not be used or sold in a cost effective way, may be given or otherwise transferred to other organizations that assist veterans' in a manner consistent with ORS 293.090, 293.235, 406.030, 406.040, 406.050, and 408.365. Separate and apart from the provisions of OAR 125-246-0720, prior to offering donated property for public sale through the state Surplus Property Program, the director may make surplus or donated property available to entities, including but not limited to, those whose purpose is the care of veterans, survivors, and dependents, such as:
(a) Federal agencies;
(b) State agencies;
(c) Local agencies;
(d) Political subdivisions of the state;
(e) Any non-profit organization qualified to acquire federal surplus property pursuant to OAR 125-035-0045; who meet the purpose requirements above; and,
(f) Veteran's organizations; and
(g) The veteran's organizations operated retail store in Oregon Veterans' Home.
(6) Any real or personal property that is not used as designated in (5)(a) through (g), may be disposed of consistent with OAR 125-246-0720.
(7) As used in this division, operational expenses include but are not limited to:
(a) Purchase of equipment;
(b) Facility maintenance;
(c) Facility repair;
(d) Purchase of payment of services and supplies;
(e) Vehicle repair and maintenance;
(f) Vehicle purchases;
(g) Recreational activities for the veterans' residents; and
(h) Any other expenditure that, at the discretion of the director, is to the benefit of the residents of the Oregon Veterans' Home.
Stat. Auth.: ORS 183, 406.030, 406.040 & 408.365
Stats. Implemented: ORS 183, 406.030 & 406.040
Hist.: DVA 3-2000, f. & cert. ef. 4-21-00; DVA 2-2005, f. & cert. ef. 4-22-05
Covered Care Program
274-040-0030
Purpose and Objective
(1) It is the expressed policy of the Department of Veterans' Affairs (Department) to make the Oregon Veterans' Home (OVH) financially available to current or potential OVH residents by means of the Department's Covered Care Program.
(2) Within the fund established by the Department pursuant to ORS 406.050, an account is designated for donations to be used by the Department consistent with this Covered Care Program. Funds held within this account will be used by the Department exclusively for the purpose of assisting OVH residents whose income, Medicare benefits, Medicaid benefits, and any other assets, as determined by the Department, are insufficient to meet the financial requirements necessary for the cost of OVH care.
Stat. Auth.: ORS 406.050, 408.360, 408.365 & 408.368
Stats. Implemented: ORS 408.365 & 408.368
Hist.: DVA 4-2002(Temp), f. & cert. ef. 4-5-02 thru 10-2-02; DVA 7-2002, f. & cert. ef. 9-24-02; DVA 10-2002(Temp), f. 12-27-02, cert. ef. 1-1-03 thru 6-27-03; DVA 9-2003(Temp), f. & cert. ef. 8-21-03 thru 2-17-03; DVA 12-2003(Temp), f. & cert. ef. 10-1-03 thru 2-17-04; DVA 14-2003(Temp), f. & cert. ef. 11-14-03 thru 2-14-04; DVA 15-2003, f. & cert. ef. 12-31-03; DVA 3-2006(Temp), f. & cert. ef. 3-31-06 thru 9-25-06; DVA 5-2006, f. & cert. ef. 5-30-06; DVA 9-2006, f. & cert. ef. 7-27-06
274-040-0031
Applications
(1) Applications for assistance from the Covered Care Program account shall be made in such manner and detail, and on such forms, as the Department shall determine.
(2) Applications generally will be prioritized for consideration based on the date of completed receipt by the Department. The Department may, however, consider applications in such other order and at such other times as deemed reasonable.
Stat. Auth.: ORS 406.050, 408.360, 408.365 & 408.368
Stats. Implemented: ORS 408.365 & 408.368
Hist.: DVA 9-2006, f. & cert. ef. 7-27-06
274-040-0032
Eligibility Factors
When determining to whom Covered Care Program assistance will be made available, the Department may take into consideration various factors, including but not limited to:
(1) The amount of funds in the Covered Care Program account available for this purpose;
(2) The anticipated future deposits into the Covered Care Program account;
(3) The amount of any present commitments from the Covered Care Program account;
(4) All available sources of revenue or income to a particular resident, including but not limited to:
(a) United States Department of Veterans Affairs (USDVA) payments;
(b) Social Security benefits;
(c) Other pensions;
(d) Millennium Bill benefits;
(e) Medicare benefits;
(f) Medicaid benefits;
(g) Annuities;
(h) Savings; and
(i) Investments.
(5) The amount of funds available to a particular or potential resident from members of his/her family, or others who are willing to provide financial assistance and agree to be legally obligated to meet such financial obligations of the resident;
(6) Whether or not the available Covered Care Program assistance will satisfy the entire gap in necessary funding for OVH care on behalf of the resident or potential resident;
(7) Whether or not the intended beneficiary of the Covered Care Program assistance is a current OVH resident.
Stat. Auth.: ORS 406.050, 408.360, 408.365 & 408.368
Stats. Implemented: ORS 408.365 & 408.368
Hist.: DVA 9-2006, f. & cert. ef. 7-27-06
274-040-0033
Refusing, Terminating or Suspending Funds
(1) The payment of Covered Care Program assistance on behalf of any OVH resident is subject to the sole discretion of the Department. The Department may refuse, terminate, or suspend Covered Care Program assistance to any OVH resident at any time without notice. The Department shall be under no obligation to provide Covered Care Program assistance to any OVH resident or to solicit funds to meet the financial needs of the OVH resident, his/her family, or others.
(2) When determining to terminate or suspend Covered Care Program assistance to any current recipient, the Department may take into consideration various factors, including by not limited to:
(a) Any reported change in the financial status of the recipient or other OVH care payment provider;
(b) Any misrepresentation or omission of material facts in the application for the Covered Care Program assistance or otherwise;
(c) The behavior of the recipient while in the OVH;
(d) The feasibility of appropriate care for the recipient at the OVH;
(e) The availability of funds in the Covered Care Program account.
(3) If all of the funding of an OVH resident, or potential resident, cannot be met with allowable assistance from the Covered Care Program, no amounts will be committed by the Department or paid from the Covered Care Program account.
Stat. Auth.: ORS 406.050, 408.360, 408.365 & 408.368
Stats. Implemented: ORS 408.365 & 408.368
Hist.: DVA 9-2006, f. & cert. ef. 7-27-06
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
