Nay v. Department of Human Services

Petitioner seeks a judicial declaration, pursuant to ORS 183.400(1), that certain amendments to administrative rules promulgated by respondent, the Department of Human Services (DHS), are invalid. Petitioner asserts that DHS improperly amended OAR 461-135-0832(10)(b)(B)(viii) and OAR 461-135-0835(l)(e)(B)(iii) (the challenged rules)1 to expand Oregon’s Medicaid “estate recovery” provisions to encompass assets owned by a Medicaid recipient at the time of the recipient’s death, in addition to assets that the recipient conveyed to the recipient’s spouse or others within five years of the date of…