Oregon Code § 410.732·Enacted ·Last updated March 01, 2026
Statute Text
Disabilities Trust Fund; 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 410.730 (8) at the death of the beneficiary with a disability; 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 creditors 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 410.730 and this section must conform
to the waiver requirements of the federal Centers for Medicare and Medicaid
Services.
(9) Upon the
death of a named beneficiary of a self-sufficiency trust established under ORS