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“The DUDE
Bill”
HB 3268
Representative
Peter Buckley (Ashland) presents DUDE
President
Nathan Jacobi, Ph.D. with the original copy of HB 3268.
Rep. Sal
Esquivel (Medford) and Senator Alan Bates, M.D.
were
instrumental in getting the new law through the Legislature.
Thanks for
all your work!
History
The organization DUDE
began in response to the State of
Oregon’s practice of reclassifying individuals with disabilities as
less
disabled than they were before with no new medical evidence, in order
to cut
the amount of home care the State was eligible to pay for. Nathan
Jacobi, Ph.D.
founded DUDE to fight these cuts to service and our biggest success as
an
organization has been to lobby for passage of what became known as the
DUDE
bill, HB 3268. DUDE used video to show the effects of reclassifying
Oregonians
as “perfectly mobile,” or fully able to perform activities of daily
living,
when there was no change in their medical condition, and began
publicizing the
results of the cuts to State services. Most Oregonians agree that
balancing the
State’s budget on the backs of its most vulnerable citizens is cruel
and unfair
when they see their neighbors or family members eating off the floor
because
their wheelchair is too big for their kitchen, or suffering even more
expensive
medical complications due to insufficient health care maintenance. The
DUDE
bill was intended to protect Oregonians with disabilities from bearing
the
burden of the State’s faulty economic projections. Check out “Perfectly
Mobile,” the five-minute video we mailed to legislators in 2004, on our
VIDEO
page.
Summary
1.1.
The
DUDE bill mandates that if the Department of Human Services (DHS) tries
to
reduce your public or general assistance grant by any amount, they now
have to
notify you at least 30 days in advance or YOU CAN APPEAL the reduction.
1.2.
Be
careful, however: the DHS can still give you only 10 days notice if
they have
less than 60 days to reclassify you as less disabled, so we have to
remain
especially vigilant in the last two months of every year.
1.3.
You
now have the right to a hearing if the DHS lowers your general or
public grant
or job opportunity/ basic skills program support.
1.4.
If you
appeal denial or reduction of support, you now have the right to an
expedited
hearing on the contested reduction within 5 days, with a decision 3
days later.
No more going to the back of the line when your services are taken away.
2.2.a.
The
DHS must now send you an explanation of the assessment process at least
two
weeks before your assessment OR YOU CAN APPEAL any reduction! This
includes a
statement of your rights and directions on how to appeal any reduction
or
reassessment.
2.2.b.
YOU
now get to set the date, time and place of the assessment interview,
NOT THE
DHS, so don't let them push you around. You can invite anyone you want
to come
to the interview now too, so bring a witness.
2.4.
Starting
July 1 2006, the DHS has to adopt rules ("OARs") guiding these
procedures for reassessment and standards for communications between
case
managers and individuals and their caregivers. Help us lobby the State
into
compliance: call your local DHS office and ask for the eligibility
rules for
reassessment as outlined under The DUDE Bill, "HB 3268," effective
June 1, 2006.
Jim
Sims,
our current President, an attorney at Legal Aid Services, adds,
“Although
there
is a right to a speedy hearing now, it may not leave enough time
for your
attorney to properly prepare your case. Moreover, you can request
payment
continuation pending your hearing. This means that there is no
reduction in
your payment benefits until the judge makes a final decision. So,
requesting
payment continuation may be a better answer for people who are "in pay
status" when the DHS notice of an intended reduction comes down.
Requesting payment continuation must be done in writing.”
Read the actual
legislation
yourself at
http://www.leg.state.or.us/05reg/measures/hb3200.dir/hb3268.en.html
or here it is, as enrolled
73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 3268
Sponsored by Representative BUCKLEY; Representative ESQUIVEL,
Senators BATES, WESTLUND
CHAPTER ................
AN ACT
Relating to service eligibility; creating new provisions; and amending ORS 411.095.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 411.095 is amended to read:
411.095. (1) Except as provided in subsection (2) of this section, when the Department of Human Services changes a benefit standard that results in the reduction, suspension or closure of a grant of general assistance or a grant of public assistance,
the department shall mail a notice of intended action to each recipient affected by the change at least 30 days before the effective date of the action.
(2) If the department has fewer than 60 days before the effective date to implement a proposed change described in subsection (1) of this section, the department shall mail a notice of intended action to each recipient affected by the change as soon as practicable but at least 10 { + working + }
days before the effective date of the action.
(3) When the department conducts a hearing pursuant to ORS 416.310 to 416.340 and 416.510 to 416.830 and 416.990 or when the department proposes to deny, reduce, suspend or terminate a grant of general assistance, a grant of public assistance or a support
service payment used to support participation in the job opportunity and basic skills program, the department shall provide an opportunity for a hearing under ORS chapter 183.
(4) When emergency assistance or the continuation of assistance pending a hearing on the reduction, suspension or termination of public assistance or a support service payment used to support participation in the job opportunity and basic skills program is
denied, and the applicant for or recipient of public assistance or a support service payment requests a hearing on the denial, an expedited hearing on the denial shall be held within five working days after the request. A written decision shall be issued within three working days after the hearing is held.
{ + (5) For purposes of this section, a reduction or
termination of services resulting from an assessment for service eligibility as defined in section 2 of this 2005 Act is a grant of public assistance. + }
{ - (5) - } { + (6) + } Adoption of rules, conduct of hearings and issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.
SECTION 2. { + (1) As used in this section:
Enrolled House Bill 3268 (HB 3268-A) Page 1
(a) 'Activities of daily living' has the meaning given that term in ORS 410.600.
(b) 'Assessment for service eligibility' means a process of evaluating the functional impairment levels of an individual and an individual's requirements for assistance in performing
activities of daily living.
(2)(a) No fewer than 14 days prior to conducting a reassessment for service eligibility, the Department of Human Services shall mail a notice of the assessment process to the individual to be
assessed. The notice shall include a description and explanation of the assessment process, an explanation of the process for appealing the results of the assessment and a description of the rights described in paragraph (b) of this subsection.
(b) The individual being assessed has the right to set the date, time and place of the assessment at a location that is convenient for the individual and to invite other persons to participate in the assessment.
(3) If the assessment for service eligibility results in a reduction or termination of services, the individual is entitled to an expedited hearing under ORS 411.095 (4). + }
SECTION 3. { + Section 2 of this 2005 Act and the amendments to ORS 411.095 by section 1 of this 2005 Act apply to assessments for service eligibility conducted on or after the effective date of this 2005 Act. + }
SECTION 4. { + No later than July 1, 2006, the Department of Human Services shall adopt rules establishing notification procedures regarding reassessments for service eligibility and standards for communications between an individual being
assessed, and caregivers and family of the individual being assessed, and the case managers who are responsible for implementing the notification procedures. + }
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Passed by House May 26, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 14, 2005
...........................................................
President of Senate
Enrolled House Bill 3268 (HB 3268-A) Page 2
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 3268 (HB 3268-A) Page 3
2005 Oregon
Legislature Bills
and Laws, http://www.leg.state.or.us/bills_laws/