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SMITH, HARST & ASSOCIATES v. DSS

No. 87CA0992.

780 P.2d 20 (1989)

SMITH, HARST & ASSOCIATES, INC., Interocean Properties, Inc., d/b/a Sheridan Manor Nursing Home; Georgian Health Centers, Inc., d/b/a Georgian Health Center, Plaintiffs-Appellees and Cross-Appellants, v. COLORADO DEPARTMENT OF SOCIAL SERVICES, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 25, 1989.

Certiorari Granted September 5, 1989.

Attorney(s) appearing for the Case

Sheila H. Meer, P.C., Sheila H. Meer and James R. Gilsdorf, Denver, for plaintiffs-appellees and cross-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Wade Livingston, Asst. Atty. Gen., Denver, for defendant-appellant and cross-appellee.

SILVERSTEIN, Judge.*

Colorado Department of Social Services (department) appeals the decision of the district court that the department does not have the authority to set off Medicaid payments to plaintiffs, Smith, Harst & Associates, Inc., Georgian Health, Inc., and Interocean Properties, Inc. (nursing homes), to recover shortages in the personal needs accounts of Medicaid recipients. The nursing homes cross-appeal the district court...

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