Sather v. Adult & Family Services Division

Petitioner challenges the validity of an amendment to an administrative plan that provides that new dentures for adults are excluded from Medicaid coverage. The issue is whether the amendment was a “rule” within the definition of ORS 183.310(8).1 Ifitwas arule, petitioner argues that it was invalid, because it exceeded respondent Adult and Family Services Division’s (AFSD) statutory authority and was promulgated without the rulemaking procedures of ORS 183.335. We hold that the amendment was not a rule and, therefore, dismiss the petition for judicial review for lack of jurisdiction. ORS…