LaForge v. Department of Human Services

Respondent, the Department of Human Services (DHS), requests clarification of a sentence in our opinion in LaForge v. Dept. of Human Services, 237 Or App 500, 241 P3d 313 (2010). In that case, we held that OAR 411-054-0012 was invalid. That rule established the criteria and procedures for obtaining a license to operate a residential care facility. We held that, because the rule would allow DHS to grant a license to an applicant without considering whether the applicant was willing to provide care and services to Medicaid recipients, it was inconsistent with ORS 410.851(5), which required DHS…