Current through 2024 Regular Session legislation effective June 6, 2024
Section 411.439 - Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital(1) As used in this section: (a) "Person with a serious mental illness" means a person who is diagnosed by a psychiatrist, a licensed clinical psychologist or a certified nonmedical examiner as having dementia, schizophrenia, bipolar disorder, major depression or other affective disorder or psychotic mental disorder other than a disorder caused primarily by substance abuse.(b) "Recertification date" means the date 12 months after the date an application for medical assistance was last approved or renewed.(c) "State hospital" has the meaning given that term in ORS 162.135.(2) The Department of Human Services and the Oregon Health Authority may continue the medical assistance of a person who is admitted to a state hospital until the earlier of: (a) Twelve months after the person is admitted to the state hospital; or(b) The person's recertification date.(3) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for medical assistance.(4) Subsection (2) of this section does not apply to a person with a serious mental illness residing in a state hospital who is under 22 years of age or who is 65 years of age or older.(5) A person with a serious mental illness whose medical assistance is terminated while the person is admitted to a state hospital may apply for medical assistance up to 120 days prior to the expected date of the person's release from a state hospital. If the person is found to be eligible, the effective date of the person's medical assistance shall be the date of the person's release from the state hospital.Amended by 2018 Ch. 43,§ 1, eff. 3/16/2018.Amended by 2015 Ch. 836,§ 2, eff. 8/12/2015.Amended by 2013 Ch. 688,§ 47, eff. 7/29/2013, op. 1/1/2014.Formerly 414.424; 2011 c. 207, § 2; 2011 c. 720, § 109