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412.005 Definitions for ORS 412.005 to 412.125. As used in ORS 412.005 to 412.125:

(1) "Aid" means money payments under ORS 412.005 to 412.125 to blind persons, or in behalf of such person.

(2) "Applicant" means any person who has applied for aid under ORS 412.005 to 412.125.

(3) "Blind person" means any needy person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20 degrees, or who has an equivalent visual impairment, as determined by the department after examination by an ophthalmologist licensed to practice medicine and surgery in Oregon or by a duly licensed and practicing optometrist in Oregon, or by an ophthalmologist licensed to practice medicine and surgery or by an optometrist licensed and practicing in another state or territory of the United States having qualifications substantially similar to those of the State of Oregon.

(4) "Department" means the Department of Human Services.

(5) "Income" means receipts in cash or kind but does not include such amounts per month of earnings or other income as may be exempted in compliance with federal legislation and rules thereto applicable or premiums on life insurance policies whether paid by the applicant, recipient or other person.

(6) "Real property" includes but is not limited to estates for more than one year, houses, boats, trailers or other habitation when used for the purpose of providing a home for the applicant or the proceeds from the conversion of any one of these if the amount retained is used within 12 months to provide a home for the applicant.

(7) "Recipient" means any person who has received or is receiving aid under ORS 412.005 to 412.125. [1961 c.633 §2; 1965 c.94 §1; 1969 c.69 §1; 1969 c.597 §246; 1973 c.651 §3; 2001 c.900 §98]

412.010 [Repealed by 1961 c.633 §14]

412.015 Purpose of ORS 412.005 to 412.125. (1) The Legislative Assembly recognizes that the needs of the blind are different in kind and degree from the needs of any other group and intends that consideration be given in the administration of the aid to the blind program to the peculiar needs incident to blindness.

(2) It is the intent of the Legislative Assembly to continue to accept the provisions and benefits of the federal Social Security Act relating to grants-in-aid to the states for aid to the blind, and the provisions of ORS 412.005 to 412.125 shall be liberally construed in relation to the federal Social Security Act so that the intent to comply therewith shall be made effectual. [1961 c.633 §1]

412.020 [Repealed by 1961 c.633 §14]

412.025 Determination of eligibility; rules. (1) In determining need, the Department of Human Services shall take into consideration all income and resources of an applicant or recipient, as well as any expenses reasonably attributable to the earning of any such income. Subject to the provisions of this section, aid shall be granted on the basis of need but in any case only to the extent that funds are available.

(2) The retention by the applicant of resources which have a total value no greater than a maximum amount established by department rule shall not affect the eligibility of the applicant or recipient or the amount of payment to the applicant or recipient. The department may determine by rule that certain items retained by the applicant or recipient shall not be considered in determining the total value of the resources of the applicant or recipient.

(3) In the determination of eligibility and the amount of need, and in any reconsideration thereof, with respect to an applicant or recipient of aid pursuant to ORS 412.005 to 412.125, such amounts of income and resources may be disregarded as the department may prescribe by rules and regulations promulgated by it. [1961 c.633 §5; 1963 c.446 §1; 1965 c.40 §1; 1973 c.651 §4]

412.030 [Repealed by 1961 c.633 §14]

412.035 Residence requirements for eligibility. (1) Subject to the provisions of ORS 412.005 to 412.125, aid to the blind shall be given to any blind person who is a resident of the State of Oregon.

(2) For purposes of this section, neither the residence of the husband or wife shall be presumed the residence of the other. Each may have separate residence depending upon the proof of facts in each case.

(3) For purposes of this section, a minor shall be presumed to reside in this state during any period in which the minor is physically present in this state or during which the parent or parents of the minor reside in the state, or, if the minor has no living parent having custody who resides in the state, during which the legal guardian or conservator of the minor resides in this state. [1961 c.633 §3; 1963 c.446 §2; 1967 c.204 §1; 1969 c.468 §2]

412.040 [Repealed by 1961 c.633 §14]

412.045 Certain persons ineligible for aid. No blind person shall be eligible for aid while:

(1) The person is an inmate of a public institution (except as a patient in a medical institution) or is a patient in an institution for tuberculosis or mental diseases, but aid may be granted to a recipient who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.

(2) The person publicly begs or otherwise solicits funds for own benefit by wearing, carrying or exhibiting signs denoting blindness. [1961 c.633 §4; 1965 c.556 §19]

412.050 [Repealed by 1961 c.633 §14]

412.055 Standard of need; amount of aid. (1) The needs of a blind person otherwise eligible under ORS 412.005 to 412.125 are considered to be not less than $135 per month. The amount of aid to which any blind person shall be entitled under ORS 412.005 to 412.125 is that amount of aid which, when added to the income and resources of the blind person, shall be not less than $135 per month. However, the provisions of this subsection do not apply to assistance provided to an inpatient of a medical facility.

(2) If, under the standards of the Department of Human Services, a blind person requires more than $135 per month to meet needs, the blind person shall be entitled to receive additional amounts of aid, subject to availability of funds, which, when added to the blind person’s income and resources, shall be sufficient to meet the needs of the blind person. [1961 c.633 §6; 1965 c.468 §1; 1967 c.116 §1; 1969 c.69 §2; 1969 c.636 §1; 1973 c.394 §1]

412.060 [Repealed by 1961 c.633 §14]

412.065 Application for aid; investigation of applicant; commencement of aid; notice to applicant. (1) Each applicant for aid shall file with the Department of Human Services in the county where the applicant resides an application in the manner and upon the forms prescribed by the department.

(2) All applications for aid shall be received by the department, which shall certify as to eligibility or ineligibility. If the applicant is found eligible the department shall grant aid in the amount determined as provided in ORS 412.025.

(3) In conducting any investigation or review concerning eligibility and need, the department shall have the power to issue subpoenas for witnesses, compel their attendance, require the production of papers and writings and examine witnesses under oath.

(4) The department shall immediately inform the applicant in writing of its decision, and if the aid is denied in whole or in part, such notification shall state in particular the grounds for the denial. [1961 c.633 §7; 1967 c.285 §1; 1969 c.68 §5; 1971 c.779 §31]

412.070 [Amended by 1955 c.364 §5; repealed by 1961 c.633 §14]

412.075 Appeal from failure to act on application or denial thereof or from modification or cancellation of aid. If an application is not acted upon by the Department of Human Services within a reasonable time after the filing of the application or is denied in whole or in part, or if any award of aid is modified or canceled, the applicant or recipient may petition the department for review of the case. The department shall give the appellant an opportunity for a fair hearing and any appeal shall be held in the county the appellant elects. [1961 c.633 §8; 1971 c.734 §42; 1971 c.779 §32]

412.080 [Repealed by 1961 c.633 §14]

412.085 Request for restoration of aid. A former recipient of aid whose aid has been canceled for any cause may request restoration of aid within one year from the date of cancellation by reference to the application on file with the Department of Human Services. However, a former recipient of aid whose aid has been canceled for a period longer than one year may request restoration of aid by filing a new application. [1961 c.633 §13; 1967 c.285 §2; 1971 c.779 §33]

412.090 [Repealed by 1961 c.633 §14]

412.095 Recipient not to receive other public assistance; exceptions. No recipient shall at the same time receive any other public assistance as defined in ORS 411.010, except for child welfare services and services for crippled children, from the state or any political subdivision thereof and except for medical assistance pursuant to ORS chapter 414. [1961 c.633 §9; 1969 c.69 §3]

412.100 [Repealed by 1961 c.633 §14]

412.105 Payment of aid to guardian or conservator. If the recipient or applicant is found incapable of taking care of self or money, the Department of Human Services may order payment of the aid to any legally appointed guardian or conservator, if the payment does not result in the loss or reduction of otherwise available federal matching moneys. [1961 c.633 §10]

412.108 Department may petition for appointment of guardian, conservator or other representative; payment of costs. (1) If it appears to the Department of Human Services that the interests of the recipient would be best served thereby, the department may petition for the judicial appointment of a guardian, conservator or other legal representative of the recipient.

(2) Subject to funds made available to the department for administrative expenditures, the department may, with respect to any guardianship or conservatorship established pursuant to this section, pay all costs and fees, including any necessary bond premiums, reasonably incurred in the proceeding and in administering the money payments. [1967 c.217 §3; 1973 c.823 §129]

412.110 [Repealed by 1961 c.633 §14]

412.113 Payments to representative payee; qualifications of representative. (1) Subject to rules of the Department of Human Services, money payments of aid with respect to a recipient may be made to a representative payee, if it is determined by the department that the recipient, by reason of physical or mental condition, has such inability to manage funds that making payments to the recipient would be contrary to the welfare of the recipient and that, therefore, it is necessary to provide such assistance through payments authorized by this section.

(2) Upon prior notice to the recipient and opportunity to object to the representative designated, the department may designate as representative payee any responsible individual who is interested in or concerned with the welfare of the recipient and who is willing to act in such capacity. If such person is appointed and duly qualified, money payments of assistance otherwise payable to the recipient shall be paid to the qualified person until the department determines that the conditions which would justify such protective payments no longer exist. [1967 c.217 §2; 1969 c.597 §247; 1971 c.779 §34]

412.115 Aid is inalienable; exception. (1) Except as provided in subsection (2) of this section, aid under ORS 412.005 to 412.125 is not transferable or assignable, nor is aid subject to execution, levy, attachment or garnishment.

(2) The exemption from execution or other process granted under this section applies to only 75 percent of aid payable under ORS 412.005 to 412.125 if the execution or other process is issued for a support obligation or an order or notice entered pursuant to ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C. [1961 c.633 §11; 1999 c.745 §4]

Note: Section 8, chapter 745, Oregon Laws 1999, provides:

Sec. 8. (1) Except as provided in subsection (2) of this section, the amendments to ORS 23.160, 23.170, 29.225 (1999 Edition), 238.445, 412.115, 412.610 and 657.855 by sections 1 to 7, chapter 745, Oregon Laws 1999, apply to all judgments, whether issued before, on or after October 23, 1999.

(2) The amendments to ORS 23.160, 23.170, 29.225 (1999 Edition), 238.445, 412.115, 412.610 and 657.855 by sections 1 to 7, chapter 745, Oregon Laws 1999, do not apply to any execution issued before October 23, 1999. [1999 c.745 §8; 2001 c.249 §80]

412.120 [Repealed by 1961 c.633 §14]

412.125 Availability of laws, regulations and state plan. (1) All applicants and recipients of aid shall, upon request, be furnished by the Department of Human Services free copies of state laws and administrative rules and regulations, or a digest thereof, pertaining specifically to aid to the blind.

(2) The state plan for aid to the blind as submitted to the federal government or a copy thereof, as it may be amended, shall be available for inspection by all interested persons at the offices of the department during regular business hours. [1961 c.633 §12]

412.130 [Repealed by 1961 c.633 §14]

412.140 [Repealed by 1961 c.633 §14]

412.150 [Repealed by 1961 c.633 §14]

412.160 [Amended by 1957 c.56 §1; repealed by 1961 c.633 §14]

412.170 [Amended by 1955 c.444 §3; repealed by 1961 c.633 §14]

412.180 [Repealed by 1953 c.550 §12]

AID TO DISABLED PERSONS

412.510 Definitions for ORS 412.510 to 412.630. As used in ORS 412.510 to 412.630:

(1) "Aid" means money payments to, or payments in behalf of, a disabled needy person.

(2) "Applicant" means a person who applies for aid under ORS 412.510 to 412.630.

(3) "Disabled" means having a bodily impairment that is both permanent and total. A permanent disability is one likely to continue without substantial improvement throughout life or for an indeterminate period. A total disability is one which prevents performance of substantially all the ordinary duties of occupations in which a disabled individual is capable of engaging, having due regard to the training, experience and circumstances of the disabled individual.

(4) "Recipient" means a person who receives aid under ORS 412.510 to 412.630. [Amended by 1959 c.409 §1; 1969 c.69 §4]

412.520 Eligibility for aid to disabled; rules. (1) Aid shall be granted to any needy person 18 years of age or older who is disabled and who:

(a) Is a resident of the State of Oregon.

(b) Is not an inmate of a public institution (except as a patient in a medical institution) or an institution for tuberculosis or mental diseases, but aid may be granted to a recipient who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.

(c) Is not receiving any other public assistance from the state or from any instrumentality or political subdivision thereof, except for medical assistance pursuant to ORS chapter 414, or any other type of federally aided public assistance.

(2) The retention by the applicant or recipient of resources which have a total value no greater than a maximum amount established by Department of Human Services rule shall not affect the eligibility of the applicant or recipient or the amount of payment to the applicant or recipient. The Department of Human Services may determine by rule that certain items retained by the applicant or recipient shall not be considered in determining the total value of the resources of the applicant or recipient. [Amended by 1959 c.409 §2; 1965 c.556 §20; 1969 c.69 §5; 1969 c.468 §3; 1973 c.651 §5]

412.530 Amount of aid to be granted. (1) The amount of aid to be granted shall be determined on the basis of need, within the limits of available public assistance funds, with due regard to any other income and resources of the applicant, as well as any expenses reasonably attributable to the earning of any such income and the conditions existing in each case, and in accordance with the rules and regulations made by the Department of Human Services.

(2) In the determination of eligibility and the amount of need, and in any reconsideration thereof, with respect to an applicant or recipient of aid pursuant to ORS 412.510 to 412.630, such amounts of income and resources may be disregarded as the department may prescribe by rules and regulations promulgated by it. [Amended by 1963 c.71 §1; 1965 c.42 §1; 1971 c.779 §35; 1973 c.651 §6]

412.540 Certification that applicant is disabled. No application for aid to the disabled shall be approved until a physician licensed by the Board of Medical Examiners, or licensed in another state or territory of the United States having qualifications substantially similar to those of the State of Oregon, has examined the applicant and certified the findings of disability in the manner and form required by the Department of Human Services. [Amended by 1959 c.409 §3; 1965 c.93 §1]

412.550 [Amended by 1959 c.409 §4; repealed by 2001 c.900 §261]

412.560 Application for aid. Any person who believes the person is eligible may apply to the Department of Human Services for aid as a disabled person. [Amended by 1959 c.409 §5]

412.570 Information concerning applicant; subpoena powers; authorization of personnel to obtain information. When the Department of Human Services receives the application for aid, it may obtain information concerning the applicant’s training, experience, capacity for employment and any other material facts which may be required by the rules of the department. Designated employees of the department may administer oaths and examine witnesses thereunder and issue subpoenas to compel their attendance and the production of papers and writings. Designation of such employees shall be made by filing in the office of the department their names, titles and places of employment. [Amended by 1955 c.364 §6; 1969 c.68 §6; 1971 c.779 §36]

412.580 Appeal from failure to act on application or denial thereof or from modification or cancellation of aid. If an application is not acted upon by the Department of Human Services with reasonable promptness or is denied in whole or in part, or if any award of assistance is modified or canceled, the applicant or recipient may appeal from the decision of the department. The department shall give the appellant an opportunity for a hearing pursuant to ORS 183.310 to 183.550. The hearing shall be held in the county selected by the appellant. If required by either the appellant or the department, the hearing shall include a review of the medical findings as to disability and the social data as to appellant’s capacity for employment. The department shall be bound by the findings and decision. [Amended by 1969 c.597 §248; 1971 c.734 §43; 2001 c.900 §99]

412.590 Reconsideration, cancellation and reduction of aid. In administering the program for aid to the disabled, the reconsideration of aid and the cancellation or reduction of aid shall be handled in the manner provided in the laws relating to the program for aid to the blind. [Amended by 1953 c.500 §12; 1959 c.409 §6; 1971 c.779 §37]

412.600 Recovery of aid from certain estates; exceptions; certain transfers of property voidable. (1) The amount of any aid to the disabled assistance paid under the provisions of this chapter is a claim against the property or interest therein belonging to and a part of the estate of any deceased recipient, or if there be no estate, the estate of the surviving spouse, if any, shall be charged for such aid paid to either or both. However, there shall be no adjustment or recovery of public assistance correctly paid on behalf of any individual under this chapter except after the death of the surviving spouse of the individual, if any, and only at a time when the individual has no surviving child who is under 21 years of age or who is blind or permanently and totally disabled. Transfers of real or personal property by recipients of such assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (2).

(2) Except where there is a surviving spouse, or a surviving child who is under 21 years of age or who is blind or permanently and totally disabled, the amount of any aid paid under this chapter is a claim against the estate in any conservatorship proceedings and may be paid pursuant to ORS 125.495.

(3) Nothing in this section authorizes the recovery of the amount of any aid from the estate or surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient. [Amended by 1971 c.335 §1; 1975 c.386 §2; 1985 c.522 §2; 1993 c.249 §3; 1995 c.664 §92; 2001 c.900 §221]

412.610 Aid is inalienable; exception. (1) Except as provided in subsection (2) of this section, aid given under ORS 412.510 to 412.630 is not transferable or assignable and moneys paid to any recipient are not subject to execution.

(2) The exemption from execution or other process granted under this section applies to only 75 percent of aid payable under ORS 412.510 to 412.630 if the execution or other process is issued for a support obligation or an order or notice entered pursuant to ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C. [Amended by 1999 c.745 §5]

Note: See note under 412.115.

412.620 Effect of removal by recipient to another county or state. Any recipient may move from one county in the state to another or to another state and on such removal shall remain eligible to receive aid in accordance with the rules of the Department of Human Services.

412.625 Application of ORS 412.108 and 412.113 to aid to disabled. The provisions of ORS 412.108 and 412.113 are applicable to aid provided under ORS 412.510 to 412.630. [1967 c.217 §5]

412.630 When aid is paid to guardian or conservator. If the recipient or applicant is incapable of taking care of self or money, aid may be paid to the duly appointed guardian or conservator of the recipient or applicant if the payment does not result in the loss or reduction of federal matching moneys, if any, otherwise available. [Amended by 1957 c.56 §2]

SELF-SUFFICIENCY AND DISABILITIES TRUST FUNDS

412.700 Self-Sufficiency Trust Fund; purpose; deposits; interest; use of funds; establishment of trusts; rights of beneficiaries and creditors of beneficiaries; implementation by Director of Human Services; rules. (1) The Self-Sufficiency Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. Interest earned, if any, shall inure to the benefit of this fund. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities by enabling parents, families and others to plan more secure futures for their disabled dependents or other named disabled beneficiaries without fear of loss of benefits or invasion of trust principal.

(2) The State Treasurer shall be custodian of the Self-Sufficiency Trust Fund, and the Oregon Department of Administrative Services shall direct payments from the trust fund upon vouchers properly certified by the Director of Human Services.

(3) The Director of Human Services may accept money from a self-sufficiency trust described in subsection (8) of this section for deposit in the Self-Sufficiency Trust Fund pursuant to an agreement with the trust. The Department of Human Services shall maintain separate accounting records in the Self-Sufficiency Trust Fund for each named beneficiary and shall promptly credit to each account moneys deposited in the Self-Sufficiency Trust Fund by a self-sufficiency trust described in subsection (8) of this section on behalf of a named beneficiary.

(4) The agreement, naming one or more beneficiaries residing in this state who are developmentally disabled, mentally ill or physically disabled persons or persons otherwise eligible for benefits or services due to disability, shall specify the supplementary care, support or treatment to be provided for each named beneficiary with the moneys deposited in the Self-Sufficiency Trust Fund.

(5) The State Treasurer shall credit interest on the Self-Sufficiency Trust Fund to the fund, and the Department of Human Services shall allocate the interest pro rata to the respective accounts of the named beneficiaries of the Self-Sufficiency Trust Fund.

(6) The moneys in each account together with any accumulated interest on that account shall be expended only to provide supplementary care, support and treatment for the named beneficiary in accordance with the terms of the agreement. The moneys from each account shall not be expended to provide supplementary care, support and treatment unless the named beneficiary is 18 years of age or older or is emancipated, or the parents of the beneficiary have died, or in cases of extreme, unforeseen hardship. If the agreement so provides, the moneys in each account may be expended for purposes other than providing supplementary care, support and treatment upon a showing of extreme, unforeseen hardship. The Department of Human Services shall by rule establish criteria for determining what conditions constitute extreme, unforeseen hardship allowing expenditure of moneys for purposes other than providing supplementary care, support and treatment.

(7) In the event that the Director of Human Services determines that the money in the account of a named beneficiary cannot be used for supplementary care, support or treatment of the beneficiary in a manner consistent with the agreement, the remaining money in the account, together with any accumulated interest, shall be promptly returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund.

(8) A nonprofit corporation that is a 501-C-3 organization under the United States Internal Revenue Code of 1954 and that is organized under the Nonprofit Corporation Act, Title 13-B, may establish a self-sufficiency trust for the purpose of providing for supplementary care, support or treatment of one or more developmentally disabled, mentally ill or physically disabled persons or persons otherwise eligible for benefits or services due to disability by depositing the proceeds in the Self-Sufficiency Trust Fund established under subsections (1) to (7) of this section.

(9) The receipt by a beneficiary of supplementary care, support or treatment provided with money from the Self-Sufficiency Trust Fund shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law. No interest in the principal or income of this trust shall be anticipated, assigned or encumbered, or shall be subject to any creditor’s claim or to legal process, prior to its actual receipt by the beneficiary. Furthermore, because of the special needs of the beneficiary, no part of the corpus thereof, nor principal nor undistributed income shall be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any public entity, office, department or agency of the State of Oregon or of any other state, or of the United States or any other governmental agency.

(10) The Director of Human Services shall serve as the official who implements the provision of care, support or treatment for the beneficiary from moneys maintained in the Self-Sufficiency Trust Fund in the beneficiary’s name. The director shall adopt rules necessary for the administration and the implementation of this subsection. [1989 c.922 §§1,2,3,4; 1991 c.412 §1]

Note: 412.700 and 412.710 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 412 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

412.710 Disabilities Trust Fund; purpose; deposits; interest; use of funds; rights of beneficiaries and creditors of beneficiary; implementation by Director of Human Services; rules. (1) The Disabilities Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities.

(2) The State Treasurer shall be custodian of the Disabilities Trust Fund and the Oregon Department of Administrative Services, subject to appropriations, shall direct payments for the benefit of low income and indigent people with disabilities or recipients of services from the Department of Human Services, or both, from the trust fund as recommended by the Director of Human Services.

(3) The Director of Human Services may accept for deposit in the Disabilities Trust Fund:

(a) Moneys left to the Disabilities Trust Fund by donors of a self-sufficiency trust described in ORS 412.700 (8) at the death of the disabled beneficiary; and

(b) Bequests and contributions from private donors, corporations or foundations.

(4) The State Treasurer shall credit interest on the Disabilities Trust Fund to the fund.

(5) Moneys in the Disabilities Trust Fund shall be expended only to provide supplemental services to meet the need for care, support or treatment for low income or indigent individuals with developmental disabilities, mental illness or physical disabilities or who are otherwise eligible to receive services or benefits because of disability.

(6) The receipt by a beneficiary of supplementary care, support or treatment provided with money from the Disabilities Trust Fund shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law. No interest in the principal or income of this trust shall be anticipated, assigned or encumbered, or shall be subject to any creditor’s claim or to legal process, prior to its actual receipt by the beneficiary. Furthermore, because of the special needs of the beneficiary, no part of the corpus thereof, nor principal nor undistributed income shall be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any public entity, office, department or agency of the State of Oregon or of any other state, or of the United States or any other governmental agency.

(7) The Director of Human Services shall serve as the official who implements the provision of care, support or treatment for the beneficiary from moneys available from the Disabilities Trust Fund. The director shall adopt rules necessary for the administration and implementation of this section.

(8) The care, support or treatment provided under ORS 412.700 and this section must conform to the waiver requirements of the federal Health Care Financing Administration.

(9) Upon the death of a named beneficiary of a self-sufficiency trust established under ORS 412.700 (8), the balance of any money deposited to the account of the beneficiary in the Self-Sufficiency Trust Fund shall be transferred to the Disabilities Trust Fund for the purposes described in subsection (1) of this section unless the agreement entered into between the Director of Human Services and the self-sufficiency trust under ORS 412.700 (3) provides otherwise. The Director of Human Services shall enter into no agreement under ORS 412.700 (3) unless the agreement provides that at least 50 percent of any moneys credited to the account of the named beneficiary at the time of the beneficiary’s death be transferred from the Self-Sufficiency Trust Fund to the Disabilities Trust Fund upon the death of the beneficiary. [1989 c.922 §5; 1991 c.412 §2]

Note: See note under 412.700.

412.990 [Repealed by 1953 c.500 §12]