74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2370
 
                           A-Engrossed
 
                         House Bill 2464
                  Ordered by the House April 5
            Including House Amendments dated April 5
 
Sponsored by Representatives HANNA, GELSER
 
 
                             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 Department of Human Services to adopt rules under which
person with developmental disability receiving medical assistance
and residential services from department may retain earned income
and remain eligible for services.
  Directs department to apply for federal waiver
 { + amendment + } necessary to adopt rules.  { + Establishes
notification and reporting requirements for department regarding
implementation of waiver amendment. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to retention of earned income while maintaining
  eligibility for services for persons with a developmental
  disability; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Department of Human Services shall adopt
rules to allow a person with a developmental disability receiving
services from the department in a residential setting to retain
an amount of earned income in a calendar quarter that is equal to
the amount of income that qualifies for a quarter of coverage
under the Social Security Act. + }
  SECTION 2.  { + (1) Within 30 days of the effective date of
this 2007 Act, the Department of Human Services shall request
from the Centers for Medicare and Medicaid Services an amendment
to its Intermediate Care Facility for the Mentally Retarded Home
and Community-Based Care Waiver number 0117.90.R3 as necessary to
implement the provisions of section 1 of this 2007 Act.
  (2) The department shall adopt rules implementing section 1 of
this 2007 Act as soon as practicable after receipt of federal
approval for the waiver amendment described in subsection (1) of
this section. + }
  SECTION 3.  { + (1) Section 1 of this 2007 Act becomes
operative on the day after the date the Department of Human
Services receives Centers for Medicare and Medicaid Services
approval of the department's request to amend its waiver under
section 2 of this 2007 Act.
  (2) The department shall notify the Legislative Counsel upon
receipt of the Centers for Medicare and Medicaid Services
approval or denial of the department's request to amend its
waiver under section 2 of this 2007 Act. + }
  SECTION 4.  { + The Department of Human Services shall report
to the appropriate interim committee, no later than January 1,
2008, on the progress in implementing section 1 of this 2007 Act,
including but not limited to a report of the number of
individuals with developmental disabilities who have increased
the amount of income retained and the amount of increased income
each one has retained under section 1 of this 2007 Act. + }
  SECTION 5.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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