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NICHOLS v. OMAP

(AG5482 (Control), 4-2617-AG5482; CA A102966 (Control), A102967)

15 P.3d 578 (2000)

171 Or. App. 255

Joni NICHOLS, Petitioner, v. OFFICE OF MEDICAL ASSISTANCE PROGRAMS, Respondent.

Court of Appeals of Oregon.

Decided December 6, 2000.

Attorney(s) appearing for the Case

Karen Berkowitz, Portland, argued the cause for petitioner. With her on the briefs were Julia Olsen and Legal Aid Services of Oregon.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Petitioner is an incomplete quadriplegic as the result of a progressive spinal cord disease. She receives medical benefits from the Oregon Health Plan (OHP) through Regence HMO (Regence), a health maintenance organization that has a contract with the OHP. Because of her condition, petitioner spends long periods of time in bed, which among other things makes her susceptible to decubitus ulcers, commonly called "bed sores." Petitioner seeks review of final...

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