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BETHESDA FOUNDATION v. COLORADO DSS

No. 91CA1711.

867 P.2d 1 (1993)

BETHESDA FOUNDATION OF NEBRASKA and MTC West, Inc., d/b/a Bethesda Care Centers, d/b/a Bethany Care Center, Plaintiffs-Appellees, v. COLORADO DEPARTMENT OF SOCIAL SERVICES; Steven V. Berson, in his official capacity as Executive Director of the Department of Social Services; Colorado State Board of Social Services; Colorado Department of Administration; and the State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 13, 1993.

Certiorari Granted January 24, 1994.

Attorney(s) appearing for the Case

Miles and Epstein, P.C., Frederick Miles, Nancy P. Tisdall, Denver, for plaintiffs-appellees.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Wade Livingston, First Asst. Atty. Gen., Denver, for defendants-appellants.

Opinion by Judge HUME.

Defendants, Colorado Department of Social Services (Department), Steven V. Berson as Executive Director for the Department, Colorado State Board of Social Services, Colorado Department of Administration, and the State of Colorado, appeal from a district court judgment that reversed an order entered by an Administrative Law Judge (ALJ) affirming payment rates established by the Department for nursing home care provided to Medicaid patients by...

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