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289 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility amount will be considered a countable resource, it is not considered commingling of a burial fund with another countable resource. Exclude all interest earned on excluded burial funds or increases in the value of excluded burial arrangements if left in the fund. There is no penalty or overpayment for the time period during which the burial arrangement or burial fund existed if an individual: • Cancels an excluded burial arrangement, or • Uses excluded burial funds for any purpose other than burial costs. Note: From Sept. 27, 1987, to Nov. 5, 1989, Oregon law prohibited establishing irrevocable burial trust funds. Burial trust funds established on or after Nov. 5, 1989, may be irrevocable. Beginning July, 2016 all prepaid irrevocable burial arrangements, including those funded by an irrevocable assignment of a life insurance policy, must include a contract for the goods and services that are funded by the prepayment. If the prepayment does not include a contract that it funds there is a potentially disqualifying transfer, which could impact Medicaid eligibility. Additionally, if the amount of the prepayment exceeds the value of the contract that it funds, there is a potentially disqualifying transfer. For life insurance funded burial arrangements where there is an irrevocable assignment, the amount of the assignment is considered to be equal to the face value (FV) of the policy assigned. This means, for instance, if the FV of the policy that funds the contract is $10,000, the cost of the goods and services provided for in the contract must be at least equal to $10,000. In determining the amount of the disqualifying transfer, though, the value of the burial contract is compared to the cash surrender value (CSV) of the life insurance policy, not the FV of the policy. For all other programs except HSD medical and MSP, the value of the burial fund is counted as a resource. For HSD medical programs and MSP, resources are not considered in eligibility determination. Click here for examples: Burial arrangements and burial funds. Oregon Administrative Rule(s) 461-145-0040 — Burial Arrangements and Burial Funds 414-175-0035 — Specific Financial Requirements Burial space and merchandise For the purpose of this rule, burial spaces include conventional gravesites, crypts, mausoleums, urns, niches, burial vaults and other repositories traditionally used for the remains of deceased individuals. Burial spaces also include headstones, the opening and closing of the gravesite, and the reasonable and necessary improvements or additions to such spaces. Burial merchandise includes, but is not limited to, urns, caskets, liners, headstones, markers, plaques and foundations.