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MANAGED HEALTHCARE v. DEPT. OF C. AND B.

02-053; A117587.

75 P.3d 912 (2003)

189 Or. App. 444

MANAGED HEALTHCARE NORTHWEST, INC., and Providence Health Plan, Inc., Petitioners, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Respondent.

Court of Appeals of Oregon.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Jerald P. Keene argued the cause and filed the briefs for petitioners.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Petitioners, a group of Oregon workers' compensation managed care organizations (MCOs), seek judicial review of OAR 436-015-0070(2). ORS 183.400. OAR 436-015-0070 provides, in part:

"(1) The MCO shall authorize a physician who is not a member of the MCO to provide medical services to an enrolled worker if the physician qualifies as a primary care physician [PCP]. For the purposes of this rule, the physician must:

"* * ...

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