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Marion County judge denies Oregon Health Authority’s latest attempt to dismiss FamilyCare Health’s lawsuit

Portland, Ore. – August 29, 2017 – A Marion County judge has denied the latest motion by the state of Oregon seeking dismissal of the 2017 lawsuit filed by FamilyCare Health against the Oregon Health Authority (OHA). The lawsuit focuses on the transparency and soundness of OHA’s rate-setting process.

Ruling from the bench on August 23rd, the judge denied the state’s Rule 21 Motion to make the complaint more definite and certain, which asked the court to dismiss the case. This marks the second time the court has rejected the state’s attempts to dismiss this case.

“We are pleased by this latest ruling, which allows us to continue moving forward with our claims and the discovery process,” said Jeff Heatherington, President and CEO of FamilyCare Health. “We look forward to shedding additional light on the motives and decisions behind OHA’s targeting of FamilyCare.”

As part of the case, FamilyCare is seeking key data, emails, and other documentation from OHA previously denied to FamilyCare. Up to this point, OHA has refused to provide data that explains why FamilyCare received the lowest rates among Oregon’s 16 CCOs for three consecutive years.

A follow-up hearing is set for September 21st.

About FamilyCare Health

For more than 30 years, FamilyCare Health provided patient-centered health care to Oregonians. FamilyCare Health was the first health plan in Oregon to integrate models of physical and mental health and the first CCO in the tri‐county area certified by the Oregon Health Authority.

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