BETHESDA FOUNDATION v. COLORADO DSS

Nos. 92CA1549, 92CA1598.

881 P.2d 429 (1994)

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

Colorado Court of Appeals, Div. V.

Rehearing Denied May 12, 1994.

Certiorari Denied October 17, 1994.


Attorney(s) appearing for the Case

Miles & Epstein, P.C., Frederick Miles, 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.

The Colorado Medicaid regulations state that a health-care provider is entitled to recover its legal expenses if it prevails in litigation against the Department of Social Services concerning reimbursable costs. The issue presented in these consolidated appeals is whether a prevailing provider may recover legal expenses that are incurred after it voluntarily exits the Medicaid program during the course of an appeal involving the Department....

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