Hooper v. Division of Medical Assistance Programs

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 08-19-2015
  • Case #: A154410
  • Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong P.J.; & Egan, J.
  • Full Text Opinion

Under ORS 14.175, a case that might otherwise be ruled as moot can still be heard if it meets the three requirements laid out in the statute.

Hooper brought action against the Division of Medical Assistance Programs (DMAP) for denying him medical transportation. Hooper challenged DMAPs decision to deny the transportation required for him to get to his medical appointment. DMAP argued that the question was moot because the appointment he was requesting transportation for had passed. The Court held that the question was not moot under ORS 14.175 because the question is whether they could deny medical transportation in the manner they did, which is a question that could come up again in the future. Reversed and remanded.

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