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STELL v. DEPT. OF HEALTH CARE POLICY

No. 02CA1811.

78 P.3d 1142 (2003)

Dylan Michael STELL, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 19, 2003.

Certiorari Granted November 17, 2003.

Attorney(s) appearing for the Case

Sagrillo, Hammond & Dineen, LLC, Robert L. Sagrillo, Lana L. Steven, Denver, Colorado; William L.E. Dussault, P.S., William L.E. Dussault, Seattle, Washington, for Plaintiff-Appellant.

Ken Salazar, Attorney General, Ann Hause, First Assistant Attorney General, Laurie A. Schoder, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge MARQUEZ.

In this Medicaid trust case, Dylan Michael Stell, appeals the district court's judgment affirming the final agency decision issued by the Colorado Department of Health Care Policy and Financing (Department). The Department held that Stell's disability trust failed to meet federal and state statutory requirements and that the county department correctly considered assets in the trust to be countable resources for determining Stell's medical...

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