Oregon Health Authority
Health Systems Division: Medical Assistance Programs - Chapter 410
Division 200
ELIGIBILITY FOR HEALTH SYSTEMS DIVISION MEDICAL PROGRAMS
410-200-0200
Residency Requirements
(1) To be eligible for HSD Medical Programs, an individual must be a resident of Oregon.
(2) An individual is a resident of Oregon if the individual lives in Oregon except:
(a) An individual 21 years of age or older who is placed in a medical facility in Oregon by another state is considered to be a resident of the state that makes the placement if:
(A) The individual is capable of indicating intent to reside; or
(B) The individual became incapable of indicating intent to reside after attaining 21 years of age (see section (c) of this part).
(b) For an individual less than 21 years of age who is incapable of indicating intent to reside or an individual of any age who became incapable of indicating that intent before attaining 21 years of age, the state of residence is one of the following:
(A) The state of residence of the individual's parent or legal guardian at the time of application;
(B) The state of residence of the party who applies for benefits on the individual's behalf if there is no living parent or the location of the parent is unknown, and there is no legal guardian;
(C) Oregon, if the individual has been receiving medical assistance in Oregon continuously since November 1, 1981, or is from a state with which Oregon has an interstate agreement that waives the residency requirement;
(D) When a state agency of another state places the individual, the individual is considered to be a resident of the state that makes the placement.
(c) An individual is presumed to be incapable of indicating intent to reside if the individual falls under one or more of the following:
(A) The individual is assessed with an IQ of 49 or less based on a test acceptable to the Authority;
(B) The individual has a mental age of seven years or less based on tests acceptable to the Authority;
(C) The individual is judged legally incompetent by a court of competent jurisdiction;
(D) The individual is found incapable of indicating intent to reside based on documentation provided by a physician, psychologist, or other professional licensed by the State of Oregon in the field of intellectual disabilities.
(3) There is no minimum amount of time an individual must live in Oregon to be a resident. The individual is a resident of Oregon if:
(a) The individual intends to remain in Oregon; or
(b) The individual entered Oregon with a job commitment or is looking for work.
(4) An individual is not a resident if the individual is in Oregon solely for a vacation.
(5) An individual continues to be a resident of Oregon during a temporary period of absence if they intend to return when the purpose of the absence is completed.
Statutory/Other Authority: ORS 411.402, 411.404, 413.042 & 414.534
Statutes/Other Implemented: ORS 411.400, 411.402, 411.404, 411.406, 411.439, 411.443, 413.032, 413.038, 414.025, 414.231, 414.447, 414.534, 414.536 & 414.706
History:
DMAP 23-2020, amend filed 05/07/2020, effective 05/08/2020
DMAP 24-2016, f. & cert. ef. 6-2-16
DMAP 78-2015(Temp), f. & cert. ef. 12-22-15 thru 6-18-16
DMAP 3-2015, f. & cert. ef. 1-30-15
DMAP 67-2014(Temp), f. 11-14-14, cert. ef. 11-15-14 thru 5-13-15
DMAP 20-2014, f. & cert. ef. 3-28-14
DMAP 4-2014(Temp), f. & cert. ef. 1-15-14 thru 3-30-14
DMAP 54-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14