74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to A-Eng. HB 2469
 
LC 1701/HB 2469-A24
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2469
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 25
 
  On page 1 of the printed A-engrossed bill, line 4, after '
418.132' insert ', 418.134'.
  On page 2, line 9, delete 'who'.
  In line 10, restore the bracketed material.
  After line 12, insert:
  ' (B) Whose caretaker relatives are not able to provide
adequate care and support for the child without public'.
  In line 14, restore the bracketed material.
  In line 18, delete '(B) Lives' and insert '(C) Who lives'.
  In line 19, restore the bracketed material and delete the
boldfaced material.
  Delete lines 32 and 33.
  In line 34, delete '(6)' and insert '(5)'.
  On page 3, line 22, before 'caretaker' insert 'needy'.
  In line 25, after 'the' insert 'needy'.
  On page 4, line 1, after 'the' insert 'needy'.
  In line 11, after 'or' insert 'needy'.
  Delete line 45.
  On page 5, delete lines 1 through 5.
  In line 6, delete '(4)' and insert '(3)'.
  In line 9, delete '(5)(a)' and insert '(4)(a)'.
  In line 11, delete '(4)' and insert '(3)' and after '
noncompliant' insert 'needy'.
  In line 27, delete '(6)(a)' and insert '(5)(a)'.
  In line 28, delete '(5)' and insert '(4)'.
  In line 32, delete '(5)(c)' and insert '(4)(c)'.
  In line 39, delete '(7)' and insert '(6)'.
  In line 41, delete '(6)' and insert '(5)'.
  After line 42, insert:
  '  { +  SECTION 3a. + } ORS 418.045, as amended by section 3 of
this 2007 Act, is amended to read:
  ' 418.045. (1) The need for and amount of aid pursuant to the
temporary assistance for needy families to be granted for any
dependent child or relative pursuant to ORS 418.040 shall be
determined, in accordance with the rules of the Department of
Human Services, taking into account:
  ' (a) The income, resources and maintenance available to such
child and relative from whatever source derived, allowable
deductions and the statewide income and payment standards.
  ' (b) The income and financial condition of the stepparent, if
any, of the child for whom aid is sought.
  ' (2) Subsection (1)(b) of this section is not intended to
relieve any parent of any legal obligation in respect of the
support of the natural or adopted children of the parent.
  '  { +  (3) In determining the need for and amount of aid to be
granted under subsection (1) of this section and under ORS
411.070, the department shall:
  ' (a) Disregard no less than $50 of the amount of child support
received for each child per month, up to a total of $200 or the
maximum established by federal law, for the family; and
  ' (b) Disregard any other amounts of income and resources of
the family as the department may prescribe by rule. + }
  '  { - (3) - }  { +  (4) + } The department by rule shall adopt
proven methods of encouraging participants' full engagement in
the job opportunity and basic skills program, including the
development of an individualized case plan in accordance with ORS
418.040.
  '  { - (4)(a) - }  { +  (5)(a) + } The department may not
reduce the family's aid payment as a method of encouraging full
engagement in the job opportunity and basic skills program
pursuant to subsection   { - (3) - }  { + (4) + } of this section
until the department determines that the noncompliant needy
caretaker relative:
  ' (A) Has no barriers or refuses to take appropriate steps to
address identified barriers to participation in the program;
  ' (B) Has the ability to be fully engaged in the program as
defined by the department by rule; and
  ' (C) Is willfully noncompliant with the requirements of the
individualized case plan.
  ' (b) The department may not reduce aid payments under this
subsection to families:
  ' (A) Receiving aid pursuant to ORS 418.155 or section 8 of
this 2007 Act;
  ' (B) In which the caretaker relative participates in suitable
activities for the number of hours required each month to satisfy
federally required participation rates; or
  ' (C) Until the department has screened for and, if
appropriate, assessed barriers to participation, including but
not limited to physical or mental health needs, substance abuse,
domestic violence or learning needs.
  ' (c) The department may not reduce aid payments under this
subsection before assessing the risk of harm posed to the
children in the household by the reduction in aid payments and
taking steps to ameliorate the risk.
  '  { - (5)(a) - }  { +  (6)(a) + } The department may reduce
the aid payment to a family in accordance with subsection
 { - (4) - }  { +  (5) + } of this section following notice and
an opportunity for a hearing under ORS chapter 183, as follows:
  ' (A) The department may reduce the aid payment by the portion
attributable to the needs of the noncompliant individual for up
to three months.
  ' (B) After three months of noncompliance and subject to
subsection   { - (4)(c) - }  { +  (5)(c) + } of this section, the
department may terminate the aid payment to the family.
  ' (b) Any reduction or termination in aid under this section
may continue until the noncompliant individual participates in
suitable activities required by the case plan for two consecutive
weeks.
  ' (c) A caretaker relative may request a hearing to contest the
basis for a reduction in or termination of an aid payment within
90 days of a reduction in or termination of aid.
  '  { - (6) - }  { +  (7) + } Every six months, the department
shall report to the Family Services Review Commission established
under ORS 411.125 the status of and outcomes for families for
whom aid has been reduced or terminated under subsection
 { - (5) - }  { +  (6) + } of this section. The department shall
work with the commission to establish the details to be provided
in the report.'.
  On page 7, delete lines 39 through 45 and insert:
  ' (d) Receives aid under ORS 418.035 to 418.172 that is not
funded with grants under Title IV-A of the Social Security Act;
  ' (e) Is enrolled at an educational institution under section
1, chapter 212, Oregon Laws 2003;
  ' (f) Is exempt from time limits pursuant to rules adopted by
the department in accordance with section 408(a)(7)(C) of the
Social Security Act; or
  ' (g) Is unable to obtain or maintain employment for a
sufficient number of hours in a month to satisfy the federally
required participation rates because the needy caretaker
relative:
  ' (A) Is a victim of domestic violence as defined in ORS
411.117;
  ' (B) Has a certified learning disability;
  ' (C) Has a mental health condition or an alcohol or drug abuse
problem;
  ' (D) Has a disability as defined by the department by rule in
a manner consistent with the definition of disability in the
Americans with Disabilities Act;
  ' (E) Has a child with a disability;
  ' (F) Is deprived of needed medical care; or
  ' (G) Is subjected to battery or extreme cruelty as defined by
the department by rule.'.
  On page 8, delete lines 1 through 9.
  After line 19, insert:
  '  { +  SECTION 5a. + } ORS 418.134 is amended to read:
  ' 418.134. (1) The Department of Human Services shall refer a
person applying for or receiving temporary assistance for needy
families to an evaluation by a mental health or drug abuse
professional if the department reasonably believes such referral
is necessary. The Department of Human Services shall develop
guidelines to assist in the identification and referral of
individuals requiring mental health or drug abuse treatment.
  ' (2) If an evaluation conducted under subsection (1) of this
section determines that mental health or drug abuse treatment is
necessary for the person to function successfully in the
workplace, the department shall provide such resources as are
necessary and available for the person to participate in and
successfully complete treatment.
  ' (3) A person who refuses to participate in an evaluation
under subsection (1) of this section or treatment under
subsection (2) of this section shall   { - have payments reduced
by the amount of $50 for a period of two months. Continued
refusal to participate during the two months of payment reduction
shall result in removal of the nonparticipating person from the
eligibility determination for two months. Continued refusal to
participate during the two months of ineligibility shall result
in termination of all aid payments for the family - }  { +  be
subject to the provisions of ORS 418.045 (4) and (5) + }.
  ' (4) The department shall provide training to staff who work
directly with persons applying for or receiving temporary
assistance for needy families in assessment and evaluation of
mental health disorders, addictions and battered women's syndrome
as may be necessary to implement the provisions of subsection (1)
of this section.
  '  { +  SECTION 5b. + } ORS 418.134, as amended by section 5a
of this 2007 Act, is amended to read:
  ' 418.134. (1) The Department of Human Services shall refer a
person applying for or receiving temporary assistance for needy
families to an evaluation by a mental health or drug abuse
professional if the department reasonably believes such referral
is necessary. The Department of Human Services shall develop
guidelines to assist in the identification and referral of
individuals requiring mental health or drug abuse treatment.
  ' (2) If an evaluation conducted under subsection (1) of this
section determines that mental health or drug abuse treatment is
necessary for the person to function successfully in the
workplace, the department shall provide such resources as are
necessary and available for the person to participate in and
successfully complete treatment.
  ' (3) A person who refuses to participate in an evaluation
under subsection (1) of this section or treatment under
 
subsection (2) of this section shall be subject to the provisions
of ORS 418.045   { - (4) and - }  (5) { +  and (6) + }.
  ' (4) The department shall provide training to staff who work
directly with persons applying for or receiving temporary
assistance for needy families in assessment and evaluation of
mental health disorders, addictions and battered women's syndrome
as may be necessary to implement the provisions of subsection (1)
of this section.'.
  In line 20, delete '5a' and insert '5c'.
  In line 24, restore the bracketed material.
  Delete lines 31 and 32.
  On page 9, line 45, after 'program' insert ', including
activities that promote family stability'.
  On page 10, line 15, delete 'temporary assistance for needy
families' and insert 'aid described in section 8 (3) of this 2007
Act'.
  In line 16, delete 'under ORS 418.040 and 418.155'.
  In line 21, delete 'temporary assistance' and insert 'aid
received under section 8 of this 2007 Act'.
  In line 44, after '(b)' insert 'During a period for which
support is assigned under ORS 418.042, for an obligee described
in subsection (1)(b) of this section,'.
  On page 15, line 44, after '418.125' insert 'and 418.155'.
  On page 21, line 5, delete 'needy'.
  In line 30, delete 'in the preceding month'.
  In line 31, delete 'and' and insert 'in at least three of the
six months immediately preceding the month in which the family'.
  On page 23, after line 13, insert:
  '  { +  SECTION 18a. + } ORS 414.025, as amended by section 18
of this 2007 Act, is amended to read:
  ' 414.025. As used in this chapter, unless the context or a
specially applicable statutory definition requires otherwise:
  ' (1) 'Category of aid' means assistance provided by the Oregon
Supplemental Income Program, aid granted under ORS 418.035 to
418.125 or federal Supplemental Security Income payments.
  ' (2) 'Categorically needy' means, insofar as funds are
available for the category, a person who is a resident of this
state and who:
  ' (a) Is receiving a category of aid.
  ' (b) Would be eligible for, but is not receiving a category of
aid.
  ' (c) Is in a medical facility and, if the person left such
facility, would be eligible for a category of aid.
  ' (d) Is under the age of 21 years and would be a dependent
child as defined in ORS 418.035 except for age and regular
attendance in school or in a course of professional or technical
training.
  ' (e)(A) Is a caretaker relative, as defined in ORS 418.035,
who cares for a child who would be a dependent child except for
age and regular attendance in school or in a course of
professional or technical training; or
  ' (B) Is the spouse of the caretaker relative.
  ' (f) Is under the age of 21 years, is in a foster family home
or licensed child-caring agency or institution under a purchase
of care agreement and is one for whom a public agency of this
state is assuming financial responsibility, in whole or in part.
  ' (g) Is a spouse of an individual receiving a category of aid
and who is living with the recipient of a category of aid, whose
needs and income are taken into account in determining the cash
needs of the recipient of a category of aid, and who is
determined by the Department of Human Services to be essential to
the well-being of the recipient of a category of aid.
  ' (h) Is a caretaker relative as defined in ORS 418.035 who
cares for a dependent child receiving aid granted under ORS
418.035 to 418.125 or is the spouse of the caretaker relative.
 
  ' (i) Is under the age of 21 years, is in a youth care center
and is one for whom a public agency of this state is assuming
financial responsibility, in whole or in part.
  ' (j) Is under the age of 21 years and is in an intermediate
care facility which includes institutions for the mentally
retarded; or is under the age of 22 years and is in a psychiatric
hospital.
  ' (k) Is under the age of 21 years and is in an independent
living situation with all or part of the maintenance cost paid by
the Department of Human Services.
  ' (L) Is a member of a family that received aid  { + in the
preceding month + } under ORS 418.040 or under section 8 of this
2007 Act   { - in at least three of the six months immediately
preceding the month in which the family - }  { +  and  + }became
ineligible for aid due to increased hours of or increased income
from employment. As long as the member of the family is employed,
such families will continue to be eligible for medical assistance
for a period of at least six calendar months beginning with the
month in which such family became ineligible for assistance due
to increased hours of employment or increased earnings.
  ' (m) Is an adopted person under 21 years of age for whom a
public agency is assuming financial responsibility in whole or in
part.
  ' (n) Is an individual or is a member of a group who is
required by federal law to be included in the state's medical
assistance program in order for that program to qualify for
federal funds.
  ' (o) Is an individual or member of a group who, subject to the
rules of the department and within available funds, may
optionally be included in the state's medical assistance program
under federal law and regulations concerning the availability of
federal funds for the expenses of that individual or group.
  ' (p) Is a pregnant woman who would be eligible for aid granted
under ORS 418.035 to 418.125, whether or not the woman is
eligible for cash assistance.
  ' (q) Except as otherwise provided in this section and to the
extent of available funds, is a pregnant woman or child for whom
federal financial participation is available under Title XIX of
the federal Social Security Act.
  ' (r) Is not otherwise categorically needy and is not eligible
for care under Title XVIII of the federal Social Security Act or
is not a full-time student in a post-secondary education program
as defined by the Department of Human Services by rule, but whose
family income is less than the federal poverty level and whose
family investments and savings equal less than the investments
and savings limit established by the department by rule.
  ' (3) 'Income' has the meaning given that term in ORS 411.704.
  ' (4) 'Investments and savings' means cash, securities as
defined in ORS 59.015, negotiable instruments as defined in ORS
73.0104 and such similar investments or savings as the Department
of Human Services may establish by rule that are available to the
applicant or recipient to contribute toward meeting the needs of
the applicant or recipient.
  ' (5) 'Medical assistance' means so much of the following
medical and remedial care and services as may be prescribed by
the Department of Human Services according to the standards
established pursuant to ORS 414.065, including payments made for
services provided under an insurance or other contractual
arrangement and money paid directly to the recipient for the
purchase of medical care:
  ' (a) Inpatient hospital services, other than services in an
institution for mental diseases;
  ' (b) Outpatient hospital services;
  ' (c) Other laboratory and X-ray services;
  ' (d) Skilled nursing facility services, other than services in
an institution for mental diseases;
  ' (e) Physicians' services, whether furnished in the office,
the patient's home, a hospital, a skilled nursing facility or
elsewhere;
  ' (f) Medical care, or any other type of remedial care
recognized under state law, furnished by licensed practitioners
within the scope of their practice as defined by state law;
  ' (g) Home health care services;
  ' (h) Private duty nursing services;
  ' (i) Clinic services;
  ' (j) Dental services;
  ' (k) Physical therapy and related services;
  ' (L) Prescribed drugs, including those dispensed and
administered as provided under ORS chapter 689;
  ' (m) Dentures and prosthetic devices; and eyeglasses
prescribed by a physician skilled in diseases of the eye or by an
optometrist, whichever the individual may select;
  ' (n) Other diagnostic, screening, preventive and
rehabilitative services;
  ' (o) Inpatient hospital services, skilled nursing facility
services and intermediate care facility services for individuals
65 years of age or over in an institution for mental diseases;
  ' (p) Any other medical care, and any other type of remedial
care recognized under state law;
  ' (q) Periodic screening and diagnosis of individuals under the
age of 21 years to ascertain their physical or mental
impairments, and such health care, treatment and other measures
to correct or ameliorate impairments and chronic conditions
discovered thereby;
  ' (r) Inpatient hospital services for individuals under 22
years of age in an institution for mental diseases; and
  ' (s) Hospice services.
  ' (6) 'Medical assistance' includes any care or services for
any individual who is a patient in a medical institution or any
care or services for any individual who has attained 65 years of
age or is under 22 years of age, and who is a patient in a
private or public institution for mental diseases. 'Medical
assistance ' includes 'health services' as defined in ORS
414.705. 'Medical assistance' does not include care or services
for an inmate in a nonmedical public institution.
  ' (7) 'Medically needy' means a person who is a resident of
this state and who is considered eligible under federal law for
medically needy assistance.
  ' (8) 'Resources' has the meaning given that term in ORS
411.704. For eligibility purposes, 'resources' does not include
charitable contributions raised by a community to assist with
medical expenses.'.
  On page 24, line 22, delete 'by section 10' and insert ',
414.025, 418.045 and 418.134 by sections 3a, 5b, 10 and 18a'.
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