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1159 Chapter 7:Worker guides • Section 7: OSIPM worker guides (07/2026) • A local correctional facility (as defined in ORS 169.005): a jail or prison for the reception and confinement of prisoners that is provided, maintained and operated by a county or city and holds persons for more than 36 hours. • A Department of Corrections institution (as defined in ORS 421.005): a facility used for the incarceration of persons sentenced to the custody of the Department of Corrections, including a satellite, camp, or branch of a facility. • A youth correction facility (as defined in ORS 162.135):
A facility used for the confinement of youth offenders and other persons placed in the legal or physical custody of the youth authority, including a secure regional youth facility, a regional accountability camp, a residential academy and satellite, and camps and branches of those facilities; or
A facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 for the detention of children, wards, youth, or youth offenders pursuant to a judicial commitment or order. As used in this rule, the term public institution does not include: • A medical institution as defined in 42 C.F.R. 435.1009; • An intermediate care facility as defined in 42 C.F.R. 440.140 and 440.150; • A publicly operated community residence that serves no more than 16 residents, as defined in 42 C.F.R. 435.1009; or • A child-care institution as defined in 42 C.F.R. 435.1009 with respect to:
Children for whom foster care maintenance payments are made under title IV-E of the Social Security Act; and
Children receiving TANF-related foster care under title IV-A of the Social Security Act. • A supervised community residential facility such as a halfway house or transition center. Note: Supervised Community Residential Facilities can be publicly or privately operated and often house residents with a variety of legal statuses. Some may be on probation and voluntarily residing at the facility, others may be there as part of their sentencing (involuntarily), still others may be on work release. It is important to gather information about the facility and resident to determine if the applicant is a resident of a public institution involuntarily. If policy indicates that the medical benefits of an individual are suspended, the effective date is the date following the incarceration date. When the individual is no longer a resident of a public institution, Medicaid will be reinstated if ODHS|OHA learns of the change within 12 calendar months of the date they were no longer incarcerated. Individuals who had been receiving home and community-based services may need a new assessment before benefits can be reinstated. If SSA has terminated Medicare benefits for an MSP individual, verification that Medicare Part A has been reinstated or is still in effect is needed before their MSP case can be reopened. No application is required to restart benefits, unless there is no application on file. Residents of a public institution who temporarily leave the institution in order to receive treatment in a hospital or other medical facility can be eligible for medical benefits during the time they are temporarily not a resident of the