MARTELON v. DEPT. OF HEALTH CARE POLICY

No. 04CA0860.

124 P.3d 914 (2005)

Leo MARTELON, Jr., Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

October 6, 2005.


Attorney(s) appearing for the Case

Colorado Legal Services, Inc., James W. Dean, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Ashley Moller Klein, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.


RUSSEL, J.

Plaintiff, Leo Martelon, Jr., appeals the district court's judgment affirming a final agency action by defendant, the Colorado Department of Health Care Policy and Financing. We reverse and remand with directions.

I. Background

Martelon suffered a brain aneurysm and applied for Medicaid benefits. The department denied his application because he did not meet the "severity requirement for disability" under the department's regulation §...

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