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MILLER v. IBARRA

Civ. A. No. 89-C-7.

746 F.Supp. 19 (1990)

L. Jeanette MILLER, as Representative Plaintiff for Lottie Bernice Ham; Susan Turtness Adams as Representative Plaintiff for Marie Louise Turtness; Mary J. Henry, as Representative Plaintiff for Mary D. Cummings; and Larry Tasei, as Representative Plaintiff for Maria S. Tasei, Plaintiffs, v. Irene IBARRA, Executive Director of the Colorado Department of Social Services, Defendant.

United States District Court, D. Colorado.

September 5, 1990.

Attorney(s) appearing for the Case

Mary Catherine Rabbitt, Denver, Colo., for plaintiffs.

Anthony Trumbly, Denver, Colo., Gordon F. Esplin, Ft. Collins, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

The legal representatives of four aged, infirm and mentally incompetent women commenced this lawsuit in an effort to extricate their charges from the "Utah Gap." That is the popular nomenclature for a "Catch 22" in state health care policy that deprives many senior citizens of Medicaid payments for nursing home expenses to which they are otherwise entitled. When their incomes are too low to enable them...

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