Assessment of Resources; Community Spouse Provision
In the OSIP and OSIPM programs, this rule applies to an institutionalized spouse who began a continuous period of care on or after October 1, 1989.
(1) The Department assesses a couple's combined countable (see OAR 461-001-0000) resources at the beginning of each continuous period of care when requested by either spouse or by a representative acting on behalf of either spouse (see OAR 461-001-0000).
(2) The Department advises requesting parties of the verification needed to make the assessment. Verification of ownership interest and current value of resources must be provided. When verification is not provided within specified time frames, the Department advises requesting parties that an assessment may not be completed.
(3) Either spouse has a right to a contested case hearing:
(a)To contest the Department’s determination of the…#
(a) To contest the Department’s determination of the couple’s countable resources at the time of resource assessment.
(b)To contest the Department’s method of computing the…#
(b) To contest the Department’s method of computing the community spouse’s resource allowance.