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BATES v. HENNEBERRY

No. 08CA1477.

211 P.3d 68 (2009)

Ella Mae BATES, Plaintiff-Appellant, v. Joan HENNEBERRY, in her official capacity as the Executive Director of the Colorado Department of Health Care Policy and Financing; Sarah E. Roberts, Director of Client Services, Department of Health Care Policy and Financing; Gary Ashby, Benefits Coordination Director of the Department of Health Care Policy and Financing; and the Colorado Department of Health Care Policy and Financing, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

April 30, 2009.

Attorney(s) appearing for the Case

Solem, Mack, & Steinhoff, P.C., R. Eric Solem, Lance M. McKinley, Sarah L. Golombek, Englewood, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Robert C. Douglas, First Assistant Attorney General, Mary Karen Maldonado, Assistant Attorney General, Alisa Campbell, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge WEBB.

In this Medicaid benefits case, we conclude that the Medicaid Act sections on which plaintiff, Ella Mae Bates, relies do not contain rights-creating language essential to enforcement under 42 U.S.C. section 1983 and that her section 24-4-106, C.R.S.2008, claim is untimely.1 Therefore, we affirm the trial court's judgment dismissing her section 1983 claims and her claim for...

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