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social service agency responsible for providing various services
to individuals including determining eligibility for, and case
management in, medicaid3 for elderly persons.
The State of Oregon has applied for and received "waivers"
from the Federal Health Care Financing Administration that allow
it to use medicaid funds intended for nursing facility care, to
provide community-based care services to nursing facility
eligible individuals.
The State of Oregon provides health care for elderly
medicaid-eligible individuals, including long-term adult foster
care services. The State also contracts with health care
providers to supply a variety of necessary services, including
adult foster care. During the years at issue, ASD was a party to
an Interagency Partnership Agreement (partnership agreement) with
Providence ElderPlace, A Division of Shared Services of the
Sisters of Providence (ElderPlace).
ElderPlace is not an agency of a State or of a political
subdivision of a State. It is a State of Oregon medicaid service
3Medicaid is a State-administered program jointly funded by
State and Federal Governments under tit. XIX of the Social
Security Act Amendments of 1965 (SSA), Pub. L. 89-97, sec. 122,
79 Stat. 286, 343, current version at 42 U.S.C. secs. 1396-1396v
(1994). It provides medical assistance for certain low-income
people who meet specific eligibility criteria.
Medicare is Federal health insurance for the aged and
disabled under tit. XVIII of the SSA, secs. 1801-1815, 79 Stat.
291-297, current version at 42 U.S.C. secs. 1395-1395ggg (1994 &
Supp. III 1997).
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Last modified: May 25, 2011