(1) An individual described in ORS 414.025 (2)(r) who is eligible for or receiving medical assistance and who is an American Indian and Alaskan Native beneficiary shall receive the benefit package of health care services described in ORS 414.835 if:
(a) The Department of Human Services receives 100 percent federal medical assistance percentage for payments made by the department for the health care services provided as part of the benefit package described in ORS 414.835 that are not included in the benefit package described in ORS 414.834; or
(b) The department receives funding from the Indian tribes for which federal financial participation is available.
(2) As used in this section, “American Indian and Alaskan Native beneficiary” means:
(a) A member of a federally recognized Indian tribe, band or group;
(b) An Eskimo or Aleut or other Alaskan native enrolled by the United States Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601; or
(c) A person who is considered by the United States Secretary of the Interior to be an Indian for any purpose. [Formerly 414.029; 2007 c.861 §22]
Note: 414.428 becomes operative the day after the date the Department of Human Services receives approval from the federal Centers for Medicare and Medicaid Services to amend Oregon’s Medicaid waiver. See section 2, chapter 76, Oregon Laws 2003.
Note: 414.428 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: 414.834 and 414.835 were repealed by section 5, chapter 735, Oregon Laws 2003. The text of 414.428 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 414.428 for the repeal of 414.834 and 414.835 has not been made.
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