(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 have developmental disabilities, mental illness or physical disabilities 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 persons who have developmental disabilities, mental illness or physical disabilities 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. [Formerly 412.700; 2007 c.70 §183]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 410 - Senior and Disability Services
Section 410.010 - State policy for seniors and people with disabilities.
Section 410.020 - Implementation of state policy.
Section 410.030 - Legislative findings on long term care options.
Section 410.040 - Definitions for ORS 410.040 to 410.300, 410.320 and 410.619.
Section 410.050 - General policy.
Section 410.060 - Policy for persons with disabilities served by department.
Section 410.065 - Comprehensive plan for long term care system.
Section 410.072 - Determination of annual budget levels for type B area agencies; rules.
Section 410.100 - When department to administer area agency programs.
Section 410.120 - Senior and Disabled Services Account.
Section 410.180 - Long term care reimbursement audit manual.
Section 410.190 - Representation of entities in contested case proceedings before department.
Section 410.210 - Area agency advisory councils; membership; duties.
Section 410.250 - Duties of type A agencies.
Section 410.270 - Operation of type B agencies.
Section 410.280 - Duties of type B agencies.
Section 410.290 - Conditions for designation as type B agency; plan of operation.
Section 410.295 - Authority of type B agency to regulate adult foster homes.
Section 410.300 - Transfer of state employees to type B agency; conditions.
Section 410.320 - Governor’s Commission on Senior Services.
Section 410.330 - Legislator members; expenses.
Section 410.410 - Definitions for ORS 410.410 to 410.480.
Section 410.420 - Use of funds for specified services.
Section 410.422 - Oregon Project Independence Fund.
Section 410.430 - Eligibility for authorized services.
Section 410.435 - Expansion of Oregon Project Independence; rules.
Section 410.440 - Priorities for services.
Section 410.450 - Determinations of eligibility; rules.
Section 410.470 - Fees; collection; records; use.
Section 410.480 - Required record keeping; audit.
Section 410.490 - Duties of department; rules.
Section 410.495 - Registry for adult day care programs in state; rules.
Section 410.505 - Definitions for ORS 410.505 to 410.545.
Section 410.520 - When assessment to occur; exceptions.
Section 410.525 - Disclosure of fees; waiver of assessment; additional assessment services.
Section 410.530 - Department authority; delegation; advisory committee; rules.
Section 410.595 - Legislative intent and findings.
Section 410.598 - Training and testing for home care workers and personal support workers; rules.
Section 410.600 - Definitions for ORS 410.595 to 410.625.
Section 410.602 - Home Care Commission; membership; rules.
Section 410.603 - Developmental Disabilities and Mental Health Committee.
Section 410.604 - Duties of commission; executive director.
Section 410.605 - Private pay home care worker program; rules.
Section 410.606 - Referral of qualified individuals on home care registry.
Section 410.607 - Home care and personal support worker classifications and payment rates.
Section 410.612 - Collective bargaining.
Section 410.614 - Rights of home care and personal support workers.
Section 410.619 - Home care and personal support workers not state employees; exception.
Section 410.625 - Authority of commission; budget.
Section 410.710 - State policy on persons with disabilities.
Section 410.730 - Self-Sufficiency Trust Fund; rules.
Section 410.732 - Disabilities Trust Fund; rules.
Section 410.740 - Oregon Deaf and Hard-of-Hearing Services Program; advisory committee.
Section 410.851 - Policy on patient-based reimbursement system for long term care facilities; rules.