OAR 461-140-0070: Treatment of Excluded Assets

Unless stated otherwise in another rule in this chapter of rules: (1) For Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM): (a) Excludable funds must be identifiable in order to be excluded. Identifiable does not require that excluded funds be kept physically apart from other funds. (b) For OSIPM: (A) There is a rebuttable presumption that when withdrawals are made from an account with commingled funds non-excluded funds are withdrawn first. (B) If excluded funds are withdrawn, the excluded funds left in the account may be added to only by deposits of subsequently received funds that are excluded under the same rule or another rule in this chapter of rules. (2) In all programs except Medicare Savings Programs and OSIPM: (a) Excluded income remains excluded as long as it is kept in a separate account and not commingled with other funds. (b) Excluded income that is commingled in an account with funds not excluded remains excluded for six months from the date it is commingled, after which it is counted as a resource.