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SCHLAPP EX REL. SCHLAPP v. DEPT. OF HEALTH

No. 11CA1726.

284 P.3d 177 (2012)

2012 COA 105

Luke SCHLAPP, by and through his parents Todd SCHLAPP and Leah Schlapp, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING and Mesa Developmental Services, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

June 21, 2012.

Attorney(s) appearing for the Case

Polsinelli Shughart PC, T. Jeffrey Fitzgerald , Denver, Colorado; Faegre Baker Daniels LLP, David W. Stark , Thomas W. Carroll , Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Josh G. Urquhart , Assistant Attorney General, Joan E. Smith , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Department of Health Care Policy and Financing.

Bechtel & Santo, L.L.P., Betty C. Bechtel , Michael C. Santo , Grand Junction, Colorado, for Defendant-Appellee Mesa Developmental Services.

Opinion by Judge J. JONES.

¶ 1 Plaintiff, Luke Schlapp, a child, appeals the district court's judgment affirming the determination of defendants, the Colorado Department of Health Care Policy and Financing (Department) and Mesa Developmental Services, that he is ineligible for a Medicaid Home and Community Based Services Children's Waiver (Home Services Waiver).1 We affirm.

I. Background

¶ 2 By enacting the...

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