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PURDUE PHARMA v. DEPT. OF HUMAN SERVICES

A119392.

110 P.3d 657 (2005)

199 Or. App. 199

PURDUE PHARMA, L.P.; and the Purdue Frederick Company, Petitioners, v. OREGON DEPARTMENT OF HUMAN SERVICES, acting by and through the OFFICE OF MEDICAL ASSISTANCE PROGRAMS, Respondent.

Court of Appeals of Oregon.

Decided April 20, 2005.

Attorney(s) appearing for the Case

James N. Gardner argued the cause for petitioners. With him on the briefs were Lynda N. Gardner and Gardner & Gardner, Attorneys, P.C.

Jennifer S. Lloyd, Assistant Solicitor General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

Petitioners Purdue Pharma, L.P., and the Purdue Frederick Company seek judicial review pursuant to ORS 183.400 of an amended Department of Human Services (DHS) administrative rule that lists drugs that are approved for reimbursement by the state for clients of the Oregon Health Plan. Petitioners contend that the amended rule was adopted without compliance with applicable rulemaking procedures and exceeded the statutory authority of DHS. We conclude that...

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