Previous Rules

Effective 01-01-07 this rule was renumbered from 461-160-0560.

461-001-0030   Effective 04/01/07
Definitions; OSIP, OSIPM Long-Term Care or Waivered

These terms apply to rules in Chapter 461 about OSIP and OSIPM long-term care and waivered clients:

1. Community spouse: An individual who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous period of care: Reside for a period of at least 30 consecutive days or until death in a long-term care facility, waiverable care setting, or an acute care hospital. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible dependent:
   1. For cases with a community spouse, eligible dependents are minor (under the age of 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under the age of 21) or dependent children living in the client's household group.

4. Institutionalized spouse: An individual who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waivered services are services needed to keep an individual out of a long-term care facility. Waivered services are:
   1. In-home services.

   2. Services in a residential care facility.

   3. Services for an individual in an assisted living facility.

   4. Adult foster care services.

   5. Home adaptations to accommodate a client's physical condition.

   6. Home-delivered meals provided in conjunction with in-home services.

   7. Specialized Living Facilities.

   8. Adult Day Care.

   9. Community transition services.

6. Waivered client: A client receiving Title XIX waivered services for a continuous period.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060, 411.700

Effective 01/01/07 this rule has been renumbered from 461-160-0560.

461-001-0030    Effective 01/01/07
Definitions; OSIP, OSIPM Long-Term Care or Waivered

These terms apply to rules in Chapter 461 about OSIP and OSIPM long-term care and waivered clients:

1. Community spouse: An individual who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous period of care: A period of at least 30 consecutive days of care in a long-term care facility or waiverable home or community-based setting. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible dependent:
   1. For cases with a community spouse, eligible dependents are minor (under the age of 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under the age of 21) or dependent children living in the client's household group.

4. Institutionalized spouse: An individual who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waivered services are services needed to keep an individual out of a long-term care facility. Waivered services are:
   1. In-home services.

   2. Services in a residential care facility.

   3. Services for an individual in an assisted living facility.

   4. Adult foster care services.

   5. Home adaptations to accommodate a client's physical condition.

   6. Home-delivered meals provided in conjunction with in-home services.

   7. Specialized Living Facilities.

   8. Adult Day Care.

   9. Community transition services.

6. Waivered client: A client receiving Title XIX waivered services for a continuous period.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.700

461-160-0560 Effective 04/01/05
Terms Used for OHP, OSIP, OSIPM Long-Term Care or Waivered

These terms apply to OHP, OSIP and OSIPM long-term care and waivered clients:

1. Community spouse: A person who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous period of care: A period of at least 30 consecutive days of care in a long-term care facility or waiverable home or community-based setting. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible dependent:
   1. For cases with a community spouse, eligible dependents are minor (under the age of 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under the age of 21) or dependent children living in the client's household group.

4. Institutionalized spouse: A person who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waivered services are services needed to keep a person out of a long-term care facility. Waivered services are:
   1. In-home services.

   2. Services in a residential care facility.

   3. Services for a person in an assisted living facility.

   4. Adult foster care services.

   5. Home adaptations to accommodate a client's physical condition.

   6. Home-delivered meals provided in conjunction with in-home services.

   7. Specialized Living Facilities.

   8. Adult Day Care.

   9. Community transition services.

6. Waivered client: A client receiving Title XIX waivered services for a continuous period.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.700

461-160-0560 Effective 04/01/04
Terms Used for OHP, OSIP, OSIPM Long-Term Care or Waivered

These terms apply to OHP, OSIP and OSIPM long-term care and waivered clients:

1. Community spouse: A person who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous period of care: A period of at least 30 consecutive days of care in a long-term care facility or waiverable home or community-based setting. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible dependent:
   1. For cases with a community spouse, eligible dependents are minor (under the age of 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under the age of 21) or dependent children living in the client's household group.

4. Institutionalized spouse: A person who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waivered services are services needed to keep a person out of a long-term care facility. Waivered services are:
   1. In-home services (companionship and home care).

   2. Services in a residential care facility.

   3. Services for a person in an assisted living facility.

   4. Adult foster care services.

   5. Home adaptations to accommodate a client's physical condition.

   6. Home-delivered meals provided in conjunction with in-home services.

   7. Specialized Living Facilities.

   8. Adult Day Care.

   9. Community transition services.

6. Waivered client: A client receiving Title XIX waivered services for a continuous period.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.700

461-160-0560 Effective 04/01/02
Terms Used for OHP, OSIP, OSIPM Long-Term Care or Waivered

These terms apply to OHP, OSIP and OSIPM long-term care and waivered clients:

1. Community spouse: A person who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous period of care: A period of at least 30 consecutive days of care in a long-term care facility or waiverable home or community-based setting. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible dependent:
   1. For cases with a community spouse, eligible dependents are minor (under the age of 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under the age of 21) or dependent children living in the client's household group.

4. Institutionalized spouse: A person who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waivered services are services needed to keep a person out of a long-term care facility. Waivered services are:
   1. In-home services (companionship and home care).

   2. RCF services/Assisted Living.

   3. AFC services.

   4. Minor physical adaptations to the home.

   5. Home-delivered meals provided in conjunction with in-home services.

   6. Specialized Living Facilities.

   7. Adult Day Care.

6. Waivered client: A client receiving Title XIX waivered services for a continuous period.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.700

461-160-0560 Effective 02/01/00
Terms Used for OHP, OSIP, OSIPM Long-Term Care or Waivered

These terms apply to OHP, OSIP and OSIPM long-term care and waivered clients:

1. Community Spouse: A person who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous Period of Care: A period of at least 30 consecutive days of care in a long-term care facility or waiverable home or community-based setting. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible Dependent:
   1. For cases with a community spouse, eligible dependents are minor (under age 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under age 21) or dependent children living in the client's household group.

4. Institutionalized Spouse: A person who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waivered services are services needed to keep a person out of a long-term care facility. Waivered services are:
   1. In-home services (companionship and home care).

   2. RCF services/Assisted Living.

   3. AFC services.

   4. Minor physical adaptations to the home.

   5. Home-delivered meals provided in conjunction with in-home services.

   6. Specialized Living Facilities.

6. Waivered Client: A client receiving Title XIX waivered services for a continuous period.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.070

Terms Used for OHP, OSIP, OSIPM Long-Term Care or Waivered
Rule: 461-160-0560

These terms apply to OHP, OSIP and OSIPM long-term care and waivered clients:

1. Community Spouse: A person who is legally married to an institutionalized spouse and is not in a medical institution or nursing facility.

2. Continuous Period of Care: A period of at least 30 consecutive days of care in a long-term care facility or waiverable home or community-based setting. There must be sufficient evidence to show there is a reasonable expectation that the client will remain in care for at least 30 consecutive days. For the purposes of this policy, an interruption in care (for example, leaving and then returning to a nursing home, or switching from one type of care to another) that lasts less than 30 days is not considered a break in the 30 consecutive days of care. A new period of care begins if care is interrupted for 30 or more days.

3. Eligible Dependent:
   1. For cases with a community spouse, eligible dependents are minor (under age 21) or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are claimed as tax dependents by either spouse.

   2. For cases without a commmunity spouse, eligible dependents are minor (under age 21) or dependent children living in the client's household group.

4. Institutionalized Spouse: A person who is in long-term care or receiving waiverable home or community-based services for a continuous period and is married to a community spouse.

5. Waiverable services are services needed to keep a person out of a long-term care facility. There are two sets of waiverable services:
   1. For aged clients age 65 and over:
      1. In-home services (companionship and home care).

      2. RCF services/Assisted Living.

      3. AFC services.

      4. Minor physical adaptations to the home.

      5. Home-delivered meals provided in conjunction with in-home services.

      6. Specialized Living Facilities.

   2. For blind or disabled clients age 18 through age 64:
      1. In-home services (companionship and home care).

      2. RCF services/Assisted Living.

      3. AFC services.

      4. Minor physical adaptations to the home.

      5. Home-delivered meals provided in conjunction with in-home services.

      6. Specialized Living Facilities.

6. Waivered Client: A client receiving Title XIX waivered services for a continuous period.