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761 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) At initial application and at each renewal, individuals must be provided the Rights and Responsibilities form, which informs individuals they have the right to courteous and fair treatment without discrimination. The right to have a decision on eligibility made by ODHS|OHA: • If the decision is based on a presumptive disability decision, 90 days from the date of requests • In all other programs, within 45 days from the date of request • The right to request a hearing in the following situations upon the timely completion of a request for hearing:
ODHS|OHA has not acted on a request or application for public assistance within 45 days of the application.
ODHS|OHA acts to deny, reduce, close or suspend benefits.
ODHS|OHA claims that a benefit was an overissuance.
The individual claims that ODHS|OHA previously underissued benefits and ODHS|OHA denies the claim.
The claimant asks for a hearing to determine if the waiver of an intentional program violation hearing was signed under duress.
ODHS|OHA establishes or changes the individual’s service liability or participant fee.
A service re-assessment of an individual conducted in accordance with Division 411-015 has resulted in a reduction or termination of nursing home services, in-home and community- based waivered services (411-015-0005), spousal pay services (411-030-0080), or Independent Choices services (Division 411-036). Discriminatory actions No individual with a disability shall, by reason of such disability, be denied the benefits of the services, programs or activities of ODHS|OHA. ODHS|OHA is required to make reasonable modifications in policies, practices or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless ODHS|OHA can show that making the modifications would fundamentally alter the nature of the service, program or activity. ODHS|OHA must not use any eligibility criteria that screen out or tend to screen out an individual with a disability from fully and equally using any service, program or activity, unless such criteria can be shown to be necessary for providing the service, program or activity. Oregon Administrative Rule(s) 461-105-0010 — Rights of Clients 461-105-0020 — Responsibilities of Clients 461-105-0190 — Discriminatory Actions 461-135-0835 — Limits on Estate Claims 461-105-0180 — Nondiscrimination