OAR 461-175-0050: Notice Period

The notice period is used to determine the effective date for taking action when a decision notice (see OAR 461-001-0000) is sent to the filing group (see OAR 461-110-0310): (1) For a basic decision notice (see OAR 461-001-0000), the notice period is the month in which the notice is mailed. (2) For a continuing benefit decision notice (see OAR 461-001-0000), the notice period is the budget month from which information is used to initiate the decision notice. (3) For a timely continuing benefit decision notice (see OAR 461-001-0000), the notice period is the month in which the mailing requirement ends. (4) Except as provided under sections (5) of this rule, the timely continuing benefit decision notice mailing requirement is: (a) No later than the first business day following the 15th day of the month: (A) For cases maintained in the ONE system. (B) For General Assistance (GA), Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM). (C) For State Plan Personal Care Services provided under OAR division 411-034. (D) For Nursing Facility or Medicaid Home and Community-Based Services received for individuals determined eligible under OAR division 411-015. (b) At least fifteen calendar days for individuals in the Address Confidentiality Program (see OAR 461-001-0000) whose cases are maintained in the ODHS mainframe system. (c) At least ten calendar days for all other cases maintained in the ODHS mainframe system. (d) At least 30 calendar days for services provided under the Program of All-Inclusive Care for the Elderly (PACE) under OAR division 411-045 . (5) In all programs except the Supplemental Nutrition Assistance Program (SNAP): (a) If the basis for a decision to reduce, suspend, or close a grant of public assistance or medical assistance is a change to a benefit standard, the timely continuing benefit decision notice mailing requirement is: (A) At least 30 calendar days before the effective date of the action, or (B) If the Department (see OAR 461-001-0000) has fewer than 60 days before the effective date to implement a change to a benefit standard , the mailing requirement is as provided under section (4) of this rule. (b) For purposes of this section, the term "change to a benefit standard" means a change to the applicable inflation-adjusted contribution, income, or payment standard. It does not include the annual adjustment to a standard based on a federal or state inflation rate.