Death of the Oregon Health Plan?
In 1994, Oregon, under the leadership of then Senate President John Kitzhaber, unveiled an innovative program to provide more low-income Oregonians with health care coverage utilizing the same limited taxpayer resources. It’s foundation was ensuring that authorized treatments were both cost-effective and rooted in proven medical effectiveness. It was dubbed The Oregon Health Plan and upon implementation expanded coverage to more Oregonians than ever before.
The foundation was the Prioritized List, which ranked covered medical services based on their cost effectiveness coupled with proven medical science efficacy. No longer could patients badger their doctor to prescribe some drug with hard to pronounce names being pushed by Big Pharma, using slick television ads showing folks spontaneously gathering at the town square in flowering skirts and tap shoes to dance and sing, celebrating life renewal since taking the latest $5,000 a month wonder drug, only with science having proven that a $10 generic medication would have been just as effective.

Now leadership at the Oregon Health Authority has brought forth HB 4003 to eliminate the list from everywhere in statute they can find, a move that is destined to once again consume more tax dollars over time and likely means more Oregonians will lose their health care treatment altogether.
OHA has claimed for over a year that the move is demanded by the federal government through the Centers For Medicaid Services (CMS) and their hands are tied. Last summer OHA convened a panel of medical experts to develop a recommendation to scuttle the Prioritized List. It backfired. After evaluating the evidence presented, the panel voted overwhelmingly to keep the plan intact.
Just last week, documents from CMS paint a far different story than what OHA officials have been telling legislators. According to CMS responses to OHA, Oregon can continue to keep the Prioritized List as a key tool in guiding medical necessity, the key phrase needed for funding a particular treatment. Specifically, they wrote:
“The state can continue to use the prioritized list to guide medical necessity criteria…
We defer to the state to determine whether a service meets the state’s medical necessity criteria. CMS’s expectation is that should a service be denied, the state provides an appeal process consistent with federal requirements.”
(CMS January 20,2026)
Federal and state rules are often wonky and voluminous. Whittled down to its’ core elements, CMS’s response to OHA makes clear that Oregon’s Prioritized List is no longer needed in the state’s every five year waiver application to the federal government. The state, however, can continue to use the Prioritized List to guide medical necessity criteria within its’ own state policies, but without a distinct funding line for what would be covered and what would not.
Instead, the state’s medical necessity criteria would serve as the new basis for deciding whether a particular treatment can be funded. The state must also ensure a robust appeals process for those patients who believe any denial of treatment was unjustified. That system is already in place on multiple levels.
Unfortunately for OHA, the response from CMS does not align with the narrative the agency has been pushing to justify gutting Oregon’s innovative approach to healthcare because “ The Federal Government made us do this.”
With Medicaid funding from the federal government to Oregon being slashed by billions of dollars over the next few years, legislators are being asked by their own state agency to do away with a nationally recognized program, a move that could exacerbate the current budget problem, and lead to tens of thousands more Oregonians losing access to healthcare altogether.
CMS says Oregon can insert the Prioritized list within its’ own policies, not obliterate it from statute. It also appears that the CMS requirements can be accomplished under existing administrative rule making authority and without legislation.
Legislators should forcefully demand answers from OHA about their intentions and the real motives behind them before they gut an Oregon Health Plan that has for years been heralded as both innovative and effective in providing health services to those that are most in need.








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