71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 575
 
                           A-Engrossed
 
                         House Bill 2364
                  Ordered by the House April 6
            Including House Amendments dated April 6
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for the Elder Law section of the Oregon State Bar)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Directs Senior and Disabled Services Division to allow
  { - applicant or - }  recipient to retain income for  { + legal
and guardianship expenses approved by court and incurred when
court establishes and maintains + } medically necessary
guardianship
  { - expenses - } .
   { +  Takes effect 91st day following adjournment sine die. + }
 
                        A BILL FOR AN ACT
Relating to medically necessary guardianship expenses; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 5 of this 2001 Act:
  (1) 'Medically necessary guardianship' means a guardianship
that is established to consent to medical treatment or placement
in a mental health facility, a nursing home or other residential
facility when the lack of consent for the treatment or placement
of the recipient places the recipient's life or health in serious
danger.
  (2) 'Recipient' means a person described in ORS 412.005 (6) and
412.510 (4) or in ORS 413.005 (2). + }
  SECTION 2.  { + (1) The Senior and Disabled Services Division
shall allow a recipient to retain enough monthly income to pay
the legal and guardianship expenses approved by a court under ORS
125.095 that are incurred when the court establishes and
maintains a medically necessary guardianship.
  (2) A court may approve a monthly amount to be retained by a
recipient that is greater than the amounts specified in section 5
of this 2001 Act if the court makes special findings of fact
based upon the record indicating that a greater monthly amount is
necessary due to unusual circumstances.
  (3) Legal and guardianship expenses subject to court approval
include but are not limited to attorney fees, court costs and
guardianship fees incurred by a professional fiduciary as
described in ORS 125.240 (5). + }
 
  SECTION 3.  { + The Senior and Disabled Services Division shall
seek approval from the Health Care Financing Administration on or
before January 1, 2002, for the Medicaid state plan amendment
necessary to implement section 2 of this 2001 Act. + }
  SECTION 4.  { + Section 2 of this 2001 Act applies to a
recipient who resides in or is entering long term care or who
receives waivered services funded through the Senior and Disabled
Services Division under Title XIX of the Social Security Act. + }
  SECTION 5.  { + (1) Except as provided in section 2 (2) of this
2001 Act, a recipient may retain a reasonable amount from the
recipient's monthly income to establish a medically necessary
guardianship, in an amount not to exceed $200 or 25 percent of
the monthly income of the recipient, whichever is greater.
  (2) Except as provided in section 2 (2) of this 2001 Act, a
recipient may retain a reasonable amount from the recipient's
monthly income to maintain a medically necessary guardianship, in
an amount not to exceed $75 or 10 percent of the monthly income
of the recipient, whichever is greater.
  (3) If the expenses of the medically necessary guardianship
cannot be paid in full from one month's income, the expenses may
be paid from the succeeding months' income. + }
  SECTION 6.  { + Sections 1, 2, 4 and 5 of this 2001 Act apply
only to medically necessary guardianships commenced by the filing
of a petition on or after the operative date of sections 1, 2, 4
and 5 of this 2001 Act. + }
  SECTION 7.  { + Sections 1, 2, 4, 5 and 6 of this 2001 Act
become operative January 1, 2002. + }
  SECTION 8.  { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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