HOUGHTON EX REL. HOUGHTON v. REINERTSON

No. 03-1074.

382 F.3d 1162 (2004)

Charles HOUGHTON, by and through his spouse, Doris HOUGHTON; Doris Houghton; Ronald E. Mathews, by and through his spouse, Claire Mathews; Claire Mathews; Eileen V. Rino, by and through her spouse, Frank H. Rino; Frank H. Rino, Plaintiffs, and Stepheny L. Sellers, by and through her spouse, R. Gene Sellers; R. Gene Sellers, Plaintiffs-Appellants, v. Karen REINERTSON, in her official capacity as Executive director of the Colorado Department of Health Care Policy and Financing, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 24, 2004.


Attorney(s) appearing for the Case

R. Eric Solem, Solem, Mack & Steinhoff, P.C., Englewood, CO, for the plaintiffs-appellants.

Laurie A. Schoder, Assistant Attorney General, (Ken Salazar, Attorney General, with her on the brief), Denver, CO, for the defendant-appellee.

Before EBEL, BRISCOE, and TYMKOVICH, Circuit Judges.


BRISCOE, Circuit Judge.

A number of plaintiffs brought this action to challenge the revised Medicaid eligibility rules of the Colorado Department of Health Care Policy and Financing (Colorado), which now permit consideration of self-funded retirement accounts. Colorado has applied the new rule both to initial applications for benefits and to annual eligibility redeterminations. Plaintiffs brought this action pursuant to 42 U.S.C. § 1983, contending Colorado's...

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