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DEPT. OF HEALTH CARE POLICY v. ROBERTS

No. 99CA1066.

18 P.3d 813 (2000)

COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, Appellant, v. The ESTATE OF Keith ROBERTS, Appellee.

Colorado Court of Appeals, Div. I.

Certiorari Denied February 20, 2001.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Vivianne M. Chaumont, First Assistant Attorney General, Denver, Colorado, for Appellant.

Pearson, Milligan & Horowitz, P.C., Bernard A. Poskus, Jane G. Ebisch, Denver, Colorado, for Appellee.

Opinion by Judge STERNBERG.*

This appeal addresses the tension between Colorado and federal statutes on the issue of trusts designed to preserve an individual's eligibility for Medicaid benefits. Colorado statutes prohibit creation of the trust at issue in this case while federal statutes permit their creation. The trial court ruled that federal law had preempted the field and declined to apply the state statutes. We disagree and, therefore...

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