Notice of Permanent Rulemaking APD Inbox Oregon Department of Human Services Unsubscribe 9:42 AM (3 hours ago) to me Having trouble viewing this email? View it as a Web page. You are subscribed to receive updates from Self-Sufficiency Programs. You can get this message in other languages, large print, braille or a format you prefer free of charge. Email RulesHearings.Ch461@odhsoha.oregon.gov or call 541-844-6136. Relay calls welcome. section-divider October 1, 2026 The Oregon Department of Human Services (ODHS) adopted permanent changes to 13 rules effective October 1, 2026. The permanent rule filing, which has rule text edits, is attached and will be available soon from the Self-Sufficiency Programs rulemaking website here. The filing caption and rule change summaries are below. SSP_35-2026TrackedChanges.pdf Summary of changes Filing Caption: Changes to Noncitizen Eligibility, Notice Periods, Effective Dates, Hearings, and Tax-Favored Plans AMEND: 461-025-0310 RULE TITLE: Hearing Requests RULE SUMMARY: OAR 461-025-0310 is being amended to (1) explicitly provide hearing rights for individuals who contest the Department’s recovery of General Assistance (GA) and State Family Pre-SSI/SSDI (SFPSS) benefits from Supplemental Security Income (SSI); (2) remove references to OAR chapter 410 for medical assistance programs not governed by OAR chapter 410 rules and to instead specify the applicable hearing request requirements directly in this rule for all other medical assistance programs; and (3) remove hearing rights related to child-care benefits authorized under OAR chapter 461, division 160 or 165, because authority over those programs transferred to OAR chapter 414 when child-care programs moved from the Oregon Department of Human Services (ODHS) to the Department of Early Learning and Care (DELC) in 2023. AMEND: 461-115-0704 RULE TITLE: Required Verification of Citizenship and Noncitizen Status; Medicare Savings Programs and OSIPM RULE SUMMARY: OAR 461-115-0704 is being amended to require noncitizens who receive Supplemental Security Income (SSI) to provide verification of their noncitizen status because their status can no longer be considered verified based solely on receipt of SSI. Public Law 119-21 (2025) does not change noncitizen eligibility for SSI, so those receiving SSI may not meet the non-citizen eligibility for Medicaid. AMEND: 461-120-0110 RULE TITLE: Citizenship and Noncitizen Status Requirements RULE SUMMARY: OAR 461-120-0110 is being amended to update the rule referenced for noncitizen status requirements for Oregon Supplemental Income Program Medical (OSIPM) and Medicare Savings Programs (MSP) to the newly created rule, 461-120-0112. ADOPT: 461-120-0112 RULE TITLE: Noncitizen Status Requirements; Medicare Savings Programs and OSIPM RULE SUMMARY: OAR 461-120-0112 is being adopted to identify immigration statuses that are eligible for Oregon Supplemental Income Program Medical (OSIPM) and Medicare Savings Programs and aligns with those listed as eligible for Medicaid in Public Law 119-21 (2025). Eligibility is removed for Refugees, Asylees, Amerasians, Humanitarian Parolees, and domestic violence or human trafficking survivors. Eligibility is now limited to citizens of a Compact of Free Association nation, Cuban/Haitian Entrants, lawfully present children, and Lawful Permanent Residents who meet the 5-year bar or have an exception to the 5-year bar. AMEND: 461-120-0125 RULE TITLE: Noncitizen Status Requirements; REF, REFM, SNAP, and TANF RULE SUMMARY: OAR 461-120-0125 is being amended to remove the noncitizen status requirements for Oregon Supplemental Income Program Medical (OSIPM) and Medicare Savings Program (MSP). Rule provisions for these programs are moving into their own rule, 461-120-0112. The remaining provisions in this rule are being reorganized and reworded accordingly. AMEND: 461-135-0010 RULE TITLE: Assumed, Continuous, and Protected Eligibility; Medicare Savings Programs, OSIPM RULE SUMMARY: OAR 461-135-0010 is being amended to require noncitizens who receive Supplemental Security Income (SSI) to meet citizenship and noncitizen requirements. Public Law 119-21 (2025) does not change the noncitizen eligibility for SSI, so those receiving SSI may not meet the non-citizen eligibility for Medicaid. AMEND: 461-135-1080 RULE TITLE: Specific Requirements; OSIPM-Healthier Oregon RULE SUMMARY: OAR 461-135-1080 is being amended to remove the section that describes how individuals will be transitioned into the Healthier Oregon Program. All individuals who were eligible for Healthier Oregon as described in this rule section have been transitioned to the program. AMEND: 461-140-0040 RULE TITLE: Determining Availability of Income RULE SUMMARY: OAR 461-140-0040 is being amended to clarify that income exclusions established elsewhere in chapter 461 rules apply when determining the amount of income considered available. AMEND: 461-140-0296 RULE TITLE: Length of Disqualification Due to an Asset Transfer; Nursing Facility Services or Home and Community-Based Care RULE SUMMARY: OAR 461-140-0296 is being amended to update the dollar amount (divisor) used when calculating the length of disqualification for individuals requesting or receiving nursing facility services or home and community-based care who have made a disqualifying transfer. The new divisor takes in consideration cost of living adjustment (COLA) changes. This permanent amendment keeps Oregon aligned with current federal guidance as described in federal statute 42 USC Chapter7 Subchapter XIX Sec 1396p(c)(E)(i)(II). AMEND: 461-145-0120 RULE TITLE: Earned Income; Defined RULE SUMMARY: OAR 461-145-0120 is being amended to clarify that flexible spending account funds are not considered earned income for the Medicare Savings Programs and Oregon Supplemental Income Program Medical. This change matches current Department practice as well as federal policy. ADOPT: 461-145-0528 RULE TITLE: Tax-Favored Health Plans; Medicare Savings Programs and OSIPM RULE SUMMARY: OAR 461-145-0528 is being adopted to match existing Department practice and to align with applicable federal requirements regarding the treatment of tax-favored health plans in the Medicare Savings Programs and Oregon Supplemental Income Program Medical. The rule clarifies how funds held in tax-favored health plans are treated for purposes of determining financial eligibility. AMEND: 461-175-0050 RULE TITLE: Notice Period RULE SUMMARY: OAR 461-175-0050 is being amended to restore the timely notice period for long-term care services to at least 10 days. This does not apply to services provided under the Program for All-Inclusive Care for the Elderly (PACE). AMEND: 461-180-0040 RULE TITLE: Effective Dates; Special and Service Needs RULE SUMMARY: OAR 461-180-0040 is being amended to specify that different effective dates apply for adverse action on services depending on the care setting and the reason for the closure.

Notice of Permanent Rulemaking APD Inbox Oregon Department of Human Services Unsubscribe 9:42 AM (3 hours ago) to me Having trouble viewing this email? View it as a Web page. You are subscribed to receive updates from Self-Sufficiency Programs. You can get this message in other languages, large print, braille or a format you prefer free of charge. Email RulesHearings.Ch461@odhsoha.oregon.gov or call 541-844-6136. Relay calls welcome. section-divider October 1, 2026 The Oregon Department of Human Services (ODHS) adopted permanent changes to 13 rules effective October 1, 2026. The permanent rule filing, which has rule text edits, is attached and will be available soon from the Self-Sufficiency Programs rulemaking website here. The filing caption and rule change summaries are below. SSP_35-2026TrackedChanges.pdf Summary of changes Filing Caption: Changes to Noncitizen Eligibility, Notice Periods, Effective Dates, Hearings, and Tax-Favored Plans AMEND: 461-025-0310 RULE TITLE: Hearing Requests RULE SUMMARY: OAR 461-025-0310 is being amended to (1) explicitly provide hearing rights for individuals who contest the Department’s recovery of General Assistance (GA) and State Family Pre-SSI/SSDI (SFPSS) benefits from Supplemental Security Income (SSI); (2) remove references to OAR chapter 410 for medical assistance programs not governed by OAR chapter 410 rules and to instead specify the applicable hearing request requirements directly in this rule for all other medical assistance programs; and (3) remove hearing rights related to child-care benefits authorized under OAR chapter 461, division 160 or 165, because authority over those programs transferred to OAR chapter 414 when child-care programs moved from the Oregon Department of Human Services (ODHS) to the Department of Early Learning and Care (DELC) in 2023. AMEND: 461-115-0704 RULE TITLE: Required Verification of Citizenship and Noncitizen Status; Medicare Savings Programs and OSIPM RULE SUMMARY: OAR 461-115-0704 is being amended to require noncitizens who receive Supplemental Security Income (SSI) to provide verification of their noncitizen status because their status can no longer be considered verified based solely on receipt of SSI. Public Law 119-21 (2025) does not change noncitizen eligibility for SSI, so those receiving SSI may not meet the non-citizen eligibility for Medicaid. AMEND: 461-120-0110 RULE TITLE: Citizenship and Noncitizen Status Requirements RULE SUMMARY: OAR 461-120-0110 is being amended to update the rule referenced for noncitizen status requirements for Oregon Supplemental Income Program Medical (OSIPM) and Medicare Savings Programs (MSP) to the newly created rule, 461-120-0112. ADOPT: 461-120-0112 RULE TITLE: Noncitizen Status Requirements; Medicare Savings Programs and OSIPM RULE SUMMARY: OAR 461-120-0112 is being adopted to identify immigration statuses that are eligible for Oregon Supplemental Income Program Medical (OSIPM) and Medicare Savings Programs and aligns with those listed as eligible for Medicaid in Public Law 119-21 (2025). Eligibility is removed for Refugees, Asylees, Amerasians, Humanitarian Parolees, and domestic violence or human trafficking survivors. Eligibility is now limited to citizens of a Compact of Free Association nation, Cuban/Haitian Entrants, lawfully present children, and Lawful Permanent Residents who meet the 5-year bar or have an exception to the 5-year bar. AMEND: 461-120-0125 RULE TITLE: Noncitizen Status Requirements; REF, REFM, SNAP, and TANF RULE SUMMARY: OAR 461-120-0125 is being amended to remove the noncitizen status requirements for Oregon Supplemental Income Program Medical (OSIPM) and Medicare Savings Program (MSP). Rule provisions for these programs are moving into their own rule, 461-120-0112. The remaining provisions in this rule are being reorganized and reworded accordingly. AMEND: 461-135-0010 RULE TITLE: Assumed, Continuous, and Protected Eligibility; Medicare Savings Programs, OSIPM RULE SUMMARY: OAR 461-135-0010 is being amended to require noncitizens who receive Supplemental Security Income (SSI) to meet citizenship and noncitizen requirements. Public Law 119-21 (2025) does not change the noncitizen eligibility for SSI, so those receiving SSI may not meet the non-citizen eligibility for Medicaid. AMEND: 461-135-1080 RULE TITLE: Specific Requirements; OSIPM-Healthier Oregon RULE SUMMARY: OAR 461-135-1080 is being amended to remove the section that describes how individuals will be transitioned into the Healthier Oregon Program. All individuals who were eligible for Healthier Oregon as described in this rule section have been transitioned to the program. AMEND: 461-140-0040 RULE TITLE: Determining Availability of Income RULE SUMMARY: OAR 461-140-0040 is being amended to clarify that income exclusions established elsewhere in chapter 461 rules apply when determining the amount of income considered available. AMEND: 461-140-0296 RULE TITLE: Length of Disqualification Due to an Asset Transfer; Nursing Facility Services or Home and Community-Based Care RULE SUMMARY: OAR 461-140-0296 is being amended to update the dollar amount (divisor) used when calculating the length of disqualification for individuals requesting or receiving nursing facility services or home and community-based care who have made a disqualifying transfer. The new divisor takes in consideration cost of living adjustment (COLA) changes. This permanent amendment keeps Oregon aligned with current federal guidance as described in federal statute 42 USC Chapter7 Subchapter XIX Sec 1396p(c)(E)(i)(II). AMEND: 461-145-0120 RULE TITLE: Earned Income; Defined RULE SUMMARY: OAR 461-145-0120 is being amended to clarify that flexible spending account funds are not considered earned income for the Medicare Savings Programs and Oregon Supplemental Income Program Medical. This change matches current Department practice as well as federal policy. ADOPT: 461-145-0528 RULE TITLE: Tax-Favored Health Plans; Medicare Savings Programs and OSIPM RULE SUMMARY: OAR 461-145-0528 is being adopted to match existing Department practice and to align with applicable federal requirements regarding the treatment of tax-favored health plans in the Medicare Savings Programs and Oregon Supplemental Income Program Medical. The rule clarifies how funds held in tax-favored health plans are treated for purposes of determining financial eligibility. AMEND: 461-175-0050 RULE TITLE: Notice Period RULE SUMMARY: OAR 461-175-0050 is being amended to restore the timely notice period for long-term care services to at least 10 days. This does not apply to services provided under the Program for All-Inclusive Care for the Elderly (PACE). AMEND: 461-180-0040 RULE TITLE: Effective Dates; Special and Service Needs RULE SUMMARY: OAR 461-180-0040 is being amended to specify that different effective dates apply for adverse action on services depending on the care setting and the reason for the closure.