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REIFF v. DEPT. OF HEALTH CARE POLICY

No. 05CA0083.

148 P.3d 355 (2006)

Carol REIFF, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING and Karen Reinertson, in her official capacity as Executive Director, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

September 7, 2006.

Attorney(s) appearing for the Case

Boulder County Legal Services, Joel R. Hayes, Jr., Boulder, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Jennifer L. Weaver, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge MÁRQUEZ.

Plaintiff, Carol Reiff, appeals the district court's order affirming the final agency decision of the Colorado Department of Health Care Policy and Financing (the department), terminating her Medicaid Home- and Community-Based Services for the Elderly, Blind, and Disabled (HCBS) benefits. We reverse and remand for further proceedings.

Reiff is a sixty-four-year-old Colorado resident who has proteinuria, lupus, autoimmune hemolytic...

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