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
 
                         House Bill 2364
 
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 as
introduced.
 
  Directs Senior and Disabled Services Division to allow
applicant or recipient to retain income for medically necessary
guardianship expenses.
 
                        A BILL FOR AN ACT
Relating to medically necessary guardianship expenses.
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) 'Applicant' means:
  (a) A person described in ORS 412.005 (2) and 412.510 (2); or
  (b) A person described in ORS 413.005 (1).
  (2) 'Medically necessary guardianship expenses' means those
legal and guardianship expenses that are incurred when an
applicant or recipient obtains a court-appointed guardian in
order to access or consent to necessary medical treatment,
including but not limited to guardianship costs, court costs and
attorney fees.
  (3) 'Recipient' means:
  (a) A person described in ORS 412.005 (6) and 412.510 (4); or
  (b) A person described in 413.005 (2). + }
  SECTION 2.  { + The Senior and Disabled Services Division shall
allow an applicant or recipient to retain enough monthly income
to pay the medically necessary guardianship expenses of the
applicant or recipient. + }
  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 an
applicant or recipient who does not receive Supplemental Security
Income payments, 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.  { + The maximum amount that may be retained from
the monthly income of an applicant or recipient under section 2
of this 2001 Act is $75 or 10 percent of the monthly benefit
amount, whichever is greater. If the medically necessary
guardianship expenses cannot be paid in full from one month's
income, the expenses may be paid from the succeeding months'
income. + }
  SECTION 6.  { + Sections 1 to 5 of this 2001 Act apply only to
applications for public assistance under ORS chapter 412 or 413
that are filed on or after the effective date of this 2001
Act. + }
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