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Respondent called Mr. Jeffrey Miller to testify. Mr. Miller
is employed by the State of Oregon as a medicaid policy analyst
for the State Senior and Disabled Services Division. His
position involves helping State field offices determine medicaid
eligibility for individuals. Mr. Miller is familiar with the
ElderPlace program. During his testimony the following exchange
took place:
Q To your knowledge, if a person chooses the
ElderPlace waiver --
A Uh-huh.
Q -- is the State ever consulted as to where that
person resides, in what adult foster care home?
A We would have taken an application on that
individual, and in such, we would have had the
address of the person.
Q Okay. But does the State at that point decide--if
someone is enrolled in ElderPlace, does the State
decide where that person resides?
A No. The case management responsibilities would be
with ElderPlace to do that.
Q Okay. So ElderPlace would be the placing agency,
is that correct?
A They would be the ones making that decision.
There is additional evidence in the record on the issue of
placement. During the years at issue, ElderPlace had a form
"Adult Foster Care Contract" (contract) that it used to retain
the services of adult foster home care providers. ElderPlace and
petitioners used the contract for every ElderPlace program
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