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KOEHLER v. COLORADO DEPT. OF HEALTH CARE

No. 09CA1965.

252 P.3d 1174 (2010)

Ruth KOEHLER, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

December 23, 2010.

Attorney(s) appearing for the Case

Deborah L. Wagner , Greeley, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Anne Baudino Holton , First Assistant Attorney General, Gary L. Armstead , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge RICHMAN.

Pursuant to section 24-4-106(9), C.R.S. 2010, plaintiff, Ruth Koehler, seeks judicial review of the district court's judgment upholding the decision of the Colorado Department of Health Care Policy and Financing (the Department) to terminate Koehler's benefits under Medicaid Home- and Community-Based Services for the Elderly, Blind and Disabled (HCBS). Because the termination was based on a Department regulatory definition that is inconsistent...

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