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COLO. DEPT. OF SOCIAL SERVICES v. DEPT. OF HEALTH AND HUMAN SERVICES

No. 84-1927.

771 F.2d 1422 (1985)

COLORADO DEPARTMENT OF SOCIAL SERVICES, Plaintiff-Appellant, v. The DEPARTMENT OF HEALTH AND HUMAN SERVICES, Margaret M. Heckler, in her official capacity as Secretary of Health and Human Services, Donald Garrett, Norval Settle, Cecelia Sparks Ford, in their official capacities as members of the Departmental Board of Grant Appeals, and the Departmental Board of Grant Appeals, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 30, 1985.

Attorney(s) appearing for the Case

Wade Livingston, Asst. Atty. Gen., Human Resources Section, Denver, Colo. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Denver, Colo., with him on brief), for plaintiff-appellant.

James W. Winchester, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on brief, Ronald S. Luedemann, Regional Atty., and Jay A. Swope, Asst. Regional Atty., Dept. of Health and Human Services, Denver, Colo., of counsel), for defendants-appellees.

Before SEYMOUR and SETH, Circuit Judges, and SEAY, District Judge.

SETH, Circuit Judge.

The Colorado Department of Social Services asks this court to determine if it may receive continued federal funding during state administrative and judicial review of its decision to decertify facilities providing skilled nursing care under Title XIX (Medicaid).

Colorado appeals a decision of the United States District Court for Colorado which upheld a Department of Health and Human Services Departmental Grant Appeals Board disallowance...

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