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COLORADO DEPT. OF SOCIAL SERVICES v. DHHS

No. 89-1353.

928 F.2d 961 (1991)

COLORADO DEPARTMENT OF SOCIAL SERVICES, Plaintiff-Appellee, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Louis W. Sullivan, M.D., Norval Settle, Alexander Teitz, and Judith Ballard, in official capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 22, 1991.

Attorney(s) appearing for the Case

Joyce K. Herr (Duane L. Woodard, Atty. Gen. of Colo., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., with her on the brief), Asst. Atty. Gen., Denver, Colo., for plaintiff-appellee.

Patricia L. Bossert, Denver, Colo., (Michael J. Norton, Denver, Colo., U.S. Atty., Stuart M. Gerson, Washington, D.C., Asst. Atty. Gen., Ronald S. Luedemann, Chief Counsel, and Jay A. Swope, Denver, Colo., Associate Chief Counsel, Region VIII, Office of the Gen. Counsel Dept. of Health and Human Services, with her on the brief), Sp. Atty. to the U.S. Atty. Gen., for defendants-appellants.

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

TACHA, Circuit Judge.

Defendant-appellant Louis W. Sullivan, Secretary of the United States Department of Health and Human Services (Secretary), appeals the district court's reversal of a decision of the Departmental Appeals Board (DAB). The DAB upheld the Secretary's penalty of $89,428.95 against plaintiff-appellee, Colorado Department of Social Services (CDSS), for its failure to conduct required inspections to review the care received by Colorado Medicaid recipients...

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