§ 7.4 Working with Medicaid

• Library: Elder Law (OSBar) (2017 Ed.)

§ 7.4 WORKING WITH MEDICAID

§ 7.4-1 Applying

As discussed in § 7.3-1(a) to § 7.3-1(b), the Medicaid program for adult long-term care services in Oregon is the OSIPM, which is administered by the SPD Division of DHS. Clients who are ready to apply for Medicaid assistance may contact the closest branch office of the SPD or visit < www.healthCare.gov >. The application process and the determinations regarding Medicaid eligibility are set forth in OAR 461-115-0010 to 461-115-0715.

Any person has the right to apply for Medicaid assistance or for any other program for which he or she may be eligible. OAR 461-105-0010(9). The date of the application or request is usually the date on which the client first contacts the agency. That contact can be by telephone. OAR 461-115-0030; OAR 461-115-0150. The effective date for starting medical benefits for an eligible person is "the first day of the month that includes the date of request." OAR 461-180-0090(1)(a)(A). The person who needs assistance—or his or her guardian, conservator, agent under a power of attorney, close family member, or anyone acting responsibly for the individual—can initiate the application process. OAR 461-115-0090. DHS is required to conduct an interview to gather information needed to determine eligibility. Interviews may be conducted at a branch office, out of the office, or by telephone. OAR 461-115-0230.

PRACTICE TIP: The lawyer should advise the client of what to expect and how the process works. Generally, the lawyer does not need to attend the interview. If the lawyer is new to elder-law practice, however, it is good experience for the lawyer to

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