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MANAGED HEALTHCARE NORTHWEST v. DCBS

(Agency No. 02053; CA A117587; SC S51006).

106 P.3d 624 (2005)

338 Or. 92

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

Supreme Court of Oregon, En Banc.

Decided February 17, 2005.

Attorney(s) appearing for the Case

Jerald P. Keene, Reinisch, Mackenzie, Healey, Wilson & Clark, Portland, argued the cause and filed the brief for petitioners on review.

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

RIGGS, J.

Petitioners on review are two managed health care organizations (MCOs), Managed Healthcare Northwest, Inc. and Providence Health Plan, Inc. (collectively "Managed Healthcare"). They challenge a Department of Consumer and Business Services (DCBS) administrative rule that prohibits MCOs from using "past practices" as a basis for denying authorization of nonmember primary care physicians (PCPs) to treat subject workers. 1

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