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T.L. v. COLORADO DEPT. OF HEALTH CARE

No. 00CA1691.

42 P.3d 63 (2001)

T.L., Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING; and James T. Rizzuto, in his official capacity as Executive Director, Colorado Department of Health Care Policy and Financing, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 17, 2002.

Attorney(s) appearing for the Case

Colorado Legal Services, Joel R. Hayes, Jr., Denver, Colorado; The Legal Center for People with Disabilities and Older People, Eric H. Maxfield, Denver, CO; for Plaintiff-Appellant.

Ken Salazar, Attorney General, Anne Holton, Assistant Attorney General, Denver, CO, for Defendants-Appellees.

Opinion by Judge KAPELKE.

In this action concerning Medicaid coverage under the Colorado Medical Assistance Act (CMAA), petitioner, T.L., appeals the district court's judgment in favor of defendants, Colorado Department of Health Care Policy and Financing (Department) and its executive director, affirming an order by the Administrative Law Judge (ALJ) upholding the denial of T.L.'s request for authorization to purchase a hot tub for therapy. We reverse and remand...

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