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TABOR FOUNDATION v. DEPT. OF HEALTH CARE

Court of Appeals No. 19CA0621.

487 P.3d 1277 (2020)

2020 COA 156

TABOR FOUNDATION, Colorado Union of Taxpayers Foundation, Rebecca R. Sopkin, and James S. Rankin, Plaintiffs-Appellants and Cross-Appellees, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING; Colorado Healthcare Affordability and Sustainability Enterprise; Kim Bimestefer, in her official capacity as Executive Director of the Colorado Department of Health Care Policy and Financing; Colorado Department of the Treasury; Dave Young, in his official capacity as Colorado State Treasurer; and State of Colorado, Defendants-Appellees and Cross-Appellants, and Colorado Hospital Association, Intervenor-Appellee.

Colorado Court of Appeals, Div. V.

Announced November 5, 2020.

Attorney(s) appearing for the Case

William Banta , Englewood, Colorado; Lee A. Steven , R. James Valvo III , John J. Vecchione , Washington, D.C., for Plaintiffs-Appellants and Cross-Appellees.

Philip J. Weiser , Attorney General, W. Eric Kuhn , Senior Assistant Attorney General, Jennifer L. Weaver , First Assistant Attorney General, Denver, Colorado, for Defendants-Appellees and Cross-Appellants.

Polsinelli PC, Gerald A. Niederman , Sean R. Gallagher , and Bennett L. Cohen , Denver, Colorado, for Intervenor-Appellee.

¶ 1 Plaintiffs, the TABOR Foundation, the Colorado Union of Taxpayers Foundation, Rebecca R. Sopkin, and James S. Rankin, claim that two Colorado statutes violate the Taxpayer's Bill of Rights (TABOR), Colo. Const. art. X, § 20, and are also otherwise unconstitutional. The statutes require hospitals to make payments...

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