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Oregon Revised Statutes

Or. Rev. Stat. § 411.404 (2026)

Determination of eligibility for medical assistance; rules

✓ current as of May 2026
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      411.404 Determination of eligibility for medical assistance; rules. (1) The Department of Human Services or the Oregon Health Authority shall determine eligibility for medical assistance according to criteria prescribed by rule and in accordance with the requirements for securing federal financial participation in the costs of administering Titles XIX and XXI of the Social Security Act.

      (2) Rules adopted under this section may not require any needy person over 65 years of age, as a condition of entering or remaining in a hospital, nursing home or other congregate care facility, to sell any real property normally used as the person’s home. [Formerly 414.042; 2011 c.602 §34; 2011 c.720 §103; 2013 c.14 §5; 2013 c.688 §43]

 

      411.405 [1965 c.556 §14; repealed by 2001 c.900 §261]

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Adamson v. Or. Health Auth., 412 P.3d 1193 (Or. Ct. App. 2017).
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Adamson v. Or. Health Auth., 412 P.3d 1193 (Or. Ct. App. 2017). “" ORS 411.404(1). Finally, the legislature has given OHA broad rulemaking authority to carry out the statutes it is charged with administering: "In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Health Authority may adopt rules necessary for…”
— Or. Rev. Stat. § 411.404(1) — 1 case
Adamson v. Or. Health Auth., 412 P.3d 1193 (Or. Ct. App. 2017). “" ORS 411.404(1). Finally, the legislature has given OHA broad rulemaking authority to carry out the statutes it is charged with administering: "In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Health Authority may adopt rules necessary for…”
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