OAR 461-140-0210: Asset Transfer; General Information and Timelines

(1) OAR 461-140-0210 to 461-140-0300 regulate the effect of a transfer of an asset on an individual. (2) If an asset is transferred during the periods of time listed in section (4) or (5) of this rule and if the transfer is made in whole or in part for the purpose of establishing or maintaining eligibility for benefits: (a) In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, the filing group (see OAR 461-110-0430) is disqualified if a member of the financial group (see OAR 461-110-0530) transferred the asset while that member was in the U.S. and the asset was located in the U.S. (b) In the REF, REFM, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, the filing group is disqualified if: (A) The asset was a resource; and (B) A member of the financial group transferred the resource. (c) An individual is disqualified from receiving Department-paid nursing facility services or home and community-based care (see OAR 461-001-0030) if the individual or the spouse of the individual transferred the asset. (3) In all programs, individuals in financial groups whose members transfer an asset covered under section (2) of this rule within the time periods listed in section (4) or (5) of this rule must report the transfer as soon as practicable and must provide information requested by the Department concerning the transfer. (4) In the REF, REFM, SNAP, and TANF programs, a transfer of an asset may be disqualifying if the transfer occurs: (a) In the REF and REFM programs, during the three years preceding the filing date (see OAR 461-115-0040), if: (A) The member of the financial group was residing in the U.S. at the time of transfer; and (B) The asset was a resource. (b) In the SNAP program, during the three months preceding the filing date or during a certification period (see OAR 461-001-0000) if the asset was a resource. (c) In the TANF program, during the three years preceding the filing date (see OAR 461-115-0040) if the asset was a resource. (5) For individuals applying for or receiving Department-paid nursing facility services or home and community-based care , a transfer of an asset may be disqualifying if the transfer occurs on or after the date that is 60 months prior to the date the individual requests services. (6) The duration of the period of disqualification or ineligibility is set out in OAR 461-140-0260 to 461-140-0300.