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170 (07/2026) Chapter 2:Eligibility • Section 3: Individual information receive OSIPM while attending school as long as they intend to return to Oregon at the end of the school year or claim Oregon as their legal residence. Incapable of stating intent to reside
A person is considered incapable of stating intent to reside if any of the following is true: • The person’s IQ is 49 or less. • The person has a mental age of 7 or less as determined by tests used to establish IQ. • The person is judged legally incompetent by a court of law. • Other acceptable medical documentation supports a finding that the person is not capable of indicating intent. Acceptable sources are a physician, a psychiatrist or a psychologist. HSD There is no minimum amount of time a participant must live in Oregon to be a resident. The individual is a resident of Oregon if any of the following are true: • The individual intends to remain in Oregon, • The individual entered Oregon for a job, or is looking for work, or • The individual is out of Oregon for a temporary absence but intends to return. The individual continues to be an Oregon resident during a temporary period of absence if they intend to return when the purpose of the absence is completed. An individual is not a resident if: • The individual is in Oregon solely for a vacation, • The individual is 21 years of age or older and is placed in a medical facility in Oregon by another state. The individual is considered a resident of the state that makes the placement if:
The individual is capable of indicating intent to reside, or
The individual became incapable of indicating intent to reside after turning 21. • If the individual is less than 21 years of age and is incapable of indicating intent to reside or became incapable prior to age 21, the individual’s residence is:
The state of residence of the individual’s parent or guardian,
The state of residence of the party who applies for benefits on the individual’s behalf if there is no living parent or their whereabouts are unknown, and there is no legal guardian, or
Oregon, if the individual has been receiving medical assistance in Oregon continuously since November 1, 1981 or is from a state with which Oregon has an interstate agreement that waives the residency requirement. An individual is presumed to be incapable of indicating intent to reside if the individual falls under one or more of the following:
The individual is assessed with an IQ of 49 or less based on a test acceptable to OHA,
The individual has a mental age of seven years or less based on tests acceptable to OHA, or
The individual is judged legally incompetent.