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COLO. HEALTH CARE ASS'N v. COLO. DEPT. OF SOCIAL SERVICES

No. 85-1016.

842 F.2d 1158 (1988)

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 Glen Ayr Health Center; North Shore Manor, Inc.; and Evergreen Care Centre, Ltd., Plaintiffs-Appellants, 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 R. Slade; Nona Thayer; Felix S. Cordova; Thomas C. Hickman; Mark E. Notestine; Larry Velasquez; Sharon L. 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-Appellees.

United States Court of Appeals, Tenth Circuit.

February 22, 1988.

Attorney(s) appearing for the Case

Frederick Miles, Miles & McManus, Denver, Colo. (Richard G. McManus, Jr., Miles & McManus, Denver, Colo., was also on the brief), for plaintiffs-appellants.

Wade Livingston, Asst. Atty. Gen., Denver, Colo. (Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen. and Richard H. Forman, Sol. Gen., Denver, Colo., were also on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, and BARRETT and SEYMOUR, Circuit Judges.

HOLLOWAY, Chief Judge.

The plaintiff-appellant Colorado Health Care Association appeals from the dismissal of its complaint which challenged a reduction in reimbursement paid by the State of Colorado (State) to providers of long term nursing services to Medicaid patients. The services are provided as authorized by Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 to 1396p and the Colorado Medical Assistance...

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