Chapter 76 Oregon Laws 2003

AN ACT

SB 878

Relating to medical assistance; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) An individual described in ORS 414.025 (2)(s) who is eligible for or receiving medical assistance and who is an American Indian and Alaskan Native beneficiary shall receive the benefit package of health care services described in ORS 414.835 if:

(a) The Department of Human Services receives 100 percent federal medical assistance percentage for payments made by the department for the health care services provided as part of the benefit package described in ORS 414.835 that are not included in the benefit package described in ORS 414.834; or

(b) The department receives funding from the Indian tribes for which federal financial participation is available.

(2) As used in this section, “American Indian and Alaskan Native beneficiary” means:

(a) A member of a federally recognized Indian tribe, band or group;

(b) An Eskimo or Aleut or other Alaskan native enrolled by the United States Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601; or

(c) A person who is considered by the United States Secretary of the Interior to be an Indian for any purpose.

SECTION 2. (1) Section 1 of this 2003 Act becomes operative on the day after the date the Department of Human Services receives approval from the federal Centers for Medicare and Medicaid Services to amend Oregon’s Medicaid waiver.

(2) The Department of Human Services shall notify the Legislative Counsel upon receipt of approval or disapproval to amend Oregon’s Medicaid waiver.

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor May 22, 2003

Filed in the office of Secretary of State May 27, 2003

Effective date May 22, 2003

__________