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BETHESDA FOUNDATION v. DEPT. OF HEALTH

No. 91CA1711.

902 P.2d 863 (1995)

BETHESDA FOUNDATION OF NEBRASKA, MTC West, Inc., and Sage Lakewood L.L.C., d/b/a Bethesda Care Centers, Bethany Care Center and Bethany Healthplex, Plaintiffs-Appellees, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY and Financing (f/k/a the Colorado Department of Social Services); Alan R. Weil, in his official capacity as Acting Executive Director of the Department of Health Care Policy and Financing; Colorado State Board of Medical Services (f/k/a the Colorado Board of Social Services); Colorado Department of Administration; and the State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 13, 1995.

Certiorari Denied September 11, 1995.

Attorney(s) appearing for the Case

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

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Wade Livingston, Asst. Atty. Gen., Denver, for defendants-appellants.

Opinion by Judge HUME.

Defendants, Colorado Department of Health Care Policy and Financing (DHCP) (successor to the Colorado Department of Social Services as administrator of the Colorado Medicaid program), Alan R. Weil, in his official capacity as Acting Executive Director of DHCP, Colorado Board of Medical Services (f/k/a Colorado Board of Social Services), Colorado Department of Administration, and the State of Colorado, appeal the district court's judgment adopting...

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