COLO. HEALTH CARE ASS'N v. COLO. DEPT. OF SOC. SERV.

Civ. A. No. 83-K-345.

598 F.Supp. 1400 (1984)

COLORADO HEALTH CARE ASSOCIATION; Geriatrics, Inc.; Miller Nursing Home, Inc., d/b/a Fairview Care Center; Springs Village, Inc., d/b/a Springs Village Recovery Center; W II, Inc., d/b/a St. Paul Health Center; W III, Inc., d/b/a Glen Ayr Health Center; North Shore Manor, Inc.; and Evergreen Care Center, Ltd., Plaintiffs, v. COLORADO DEPARTMENT OF SOCIAL SERVICES; George S. Goldstein, in his official capacity as Acting Executive Director of the Department of Social Services; Colorado State Board of Social Services; Gilbert Slade; Nona Thayer; Felix S. Cordova; Thomas C. Hickman; Mark E. Notestine; Larry Velasquez; Sharon G. Hill; James E. Martin; and Florangel Mendez, in their official capacities as members of the Colorado Board of Social Services; and the State of Colorado, Defendants.

United States District Court, D. Colorado.

December 5, 1984.


Attorney(s) appearing for the Case

Frederick Miles and Barry D. Epstein, Miles & McManus, Denver, Colo., for plaintiffs.

Wade Livingston, Asst. Atty. Gen., Denver, Colo., for defendants.


MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This action challenges the defendant Colorado State Board of Social Services policy of reducing certain medicaid payments to nursing home operators in an attempt to alleviate budget shortfalls.

Individual plaintiffs are duly authorized business entities in Colorado who own, lease, operate or manage long-term care facilities and are certified, participating providers of long-term nursing care and...

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