Judge grants FamilyCare temporary restraining order against the Oregon Health Authority
Portland, Ore. – April 5, 2016 – Late yesterday, Marion County Circuit Court Judge Channing Bennett signed a Temporary Restraining Order (TRO) ordering the Oregon Health Authority (OHA) to continue to perform FamilyCare’s contract pending a preliminary injunction hearing or further court order.
In an effort to avoid the restraining order, OHA filed papers just hours before the hearing indicating – for the first time – that it intended to give FamilyCare a contested case administrative hearing and appeal rights before taking action to terminate FamilyCare’s contract. OHA’s attorney, Assistant Attorney General Sarah Weston, argued that because it could take “months and months or even years and years” before a final decision was made to terminate, there was no need for a restraining order.
Judge Bennett disagreed, commenting that OHA’s notice of default did not contain any mention of an administrative hearing and essentially was a “hold-up.” He said that OHA was “using heavy handed tactics” to force FamilyCare to sign the retroactive amendment. The judge granted the TRO so that FamilyCare can continue its business as usual until the court could hold a hearing to determine whether to grant the preliminary injunction requested by FamilyCare.
“We hope this will encourage the OHA to finally sit down and work with us. We’ve still not received documents we requested in 2015; after a year of delaying, it’s time to settle this,” said Cindy Becker, Vice President for Public Affairs. “We appreciate the Judge’s ruling in this matter and believe it is in the best interest of our members, providers, and staff.”
A date for the preliminary injunction hearing is expected to be set soon.
About FamilyCare Health
For 30 + years, FamilyCare Health has been providing patient-centered healthcare to Oregonians. With over 130,000 members, FamilyCare Health is a Medicare and Medicaid managed care organization providing health plan services in Multnomah, Clackamas, Washington and some parts of Marion counties. FamilyCare was the first health plan in Oregon to integrate models of physical and mental health. It was the first Coordinated Care Organization in the tri-county area certified by the Oregon Health Authority. More information at http://www.familycareinc.org/