73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
 
                            Enrolled
 
                         House Bill 3268
 
Sponsored by Representative BUCKLEY; Representative ESQUIVEL,
  Senators BATES, WESTLUND
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to service eligibility; creating new provisions; and
  amending ORS 411.095.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 411.095 is amended to read:
  411.095. (1) Except as provided in subsection (2) of this
section, when the Department of Human Services changes a benefit
standard that results in the reduction, suspension or closure of
a grant of general assistance or a grant of public assistance,
the department shall mail a notice of intended action to each
recipient affected by the change at least 30 days before the
effective date of the action.
  (2) If the department has fewer than 60 days before the
effective date to implement a proposed change described in
subsection (1) of this section, the department shall mail a
notice of intended action to each recipient affected by the
change as soon as practicable but at least 10  { + working + }
days before the effective date of the action.
  (3) When the department conducts a hearing pursuant to ORS
416.310 to 416.340 and 416.510 to 416.830 and 416.990 or when the
department proposes to deny, reduce, suspend or terminate a grant
of general assistance, a grant of public assistance or a support
service payment used to support participation in the job
opportunity and basic skills program, the department shall
provide an opportunity for a hearing under ORS chapter 183.
  (4) When emergency assistance or the continuation of assistance
pending a hearing on the reduction, suspension or termination of
public assistance or a support service payment used to support
participation in the job opportunity and basic skills program is
denied, and the applicant for or recipient of public assistance
or a support service payment requests a hearing on the denial, an
expedited hearing on the denial shall be held within five working
days after the request. A written decision shall be issued within
three working days after the hearing is held.
   { +  (5) For purposes of this section, a reduction or
termination of services resulting from an assessment for service
eligibility as defined in section 2 of this 2005 Act is a grant
of public assistance. + }
    { - (5) - }   { + (6) + } Adoption of rules, conduct of
hearings and issuance of orders and judicial review of rules and
orders shall be in accordance with ORS chapter 183.
  SECTION 2.  { + (1) As used in this section:
 
 
Enrolled House Bill 3268 (HB 3268-A)                       Page 1
 
 
 
  (a) 'Activities of daily living' has the meaning given that
term in ORS 410.600.
  (b) 'Assessment for service eligibility' means a process of
evaluating the functional impairment levels of an individual and
an individual's requirements for assistance in performing
activities of daily living.
  (2)(a) No fewer than 14 days prior to conducting a reassessment
for service eligibility, the Department of Human Services shall
mail a notice of the assessment process to the individual to be
assessed. The notice shall include a description and explanation
of the assessment process, an explanation of the process for
appealing the results of the assessment and a description of the
rights described in paragraph (b) of this subsection.
  (b) The individual being assessed has the right to set the
date, time and place of the assessment at a location that is
convenient for the individual and to invite other persons to
participate in the assessment.
  (3) If the assessment for service eligibility results in a
reduction or termination of services, the individual is entitled
to an expedited hearing under ORS 411.095 (4). + }
  SECTION 3.  { + Section 2 of this 2005 Act and the amendments
to ORS 411.095 by section 1 of this 2005 Act apply to assessments
for service eligibility conducted on or after the effective date
of this 2005 Act. + }
  SECTION 4.  { + No later than July 1, 2006, the Department of
Human Services shall adopt rules establishing notification
procedures regarding reassessments for service eligibility and
standards for communications between an individual being
assessed, and caregivers and family of the individual being
assessed, and the case managers who are responsible for
implementing the notification procedures. + }
                         ----------
 
 
Passed by House May 26, 2005
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 14, 2005
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3268 (HB 3268-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2005
 
Approved:
 
......M.,............., 2005
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2005
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3268 (HB 3268-A)                       Page 3