Legal Opinion

Miller v. Ibarra

District Court, D. Colorado

Decided September 5, 1990No. Civ. A. 89-C-7PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

The legal representatives of four aged, infirm and mentally incompetent women commenced this lawsuit in an effort to extricate their charges from the “Utah Gap.” That is the popular nomenclature for a “Catch 22” in state health care policy that deprives many senior citizens of Medicaid payments for nursing home expenses to which they are otherwise entitled. When their incomes are too low to enable them to pay their own nursing home costs, but too high to qualify for Medicaid benefits, these claimants are ensnared in a trap created by the…

2Cases cited25 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Harris v. McRaeSupreme Court of the United States · 1980
  3. Northwest Airlines, Inc. v. Transport Workers UnionSupreme Court of the United States · 1981
  4. Wright v. City of Roanoke Redevelopment & Housing AuthoritySupreme Court of the United States · 1987
  5. Schweiker v. Gray PanthersSupreme Court of the United States · 1981

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3Cited by25 opinions

  1. Ramey v. ReinertsonCourt of Appeals for the Tenth Circuit · 2001
  2. Hecker v. Stark County Social Service BoardNorth Dakota Supreme Court · 1995
  3. Cohen v. Commissioner of the Division of Medical AssistanceMassachusetts Supreme Judicial Court · 1996
  4. LM v. State, Div. of Med. Assist. & Health Serv.Supreme Court of New Jersey · 1995
  5. Trust Co. of Oklahoma v. State Ex Rel. Department of Human ServicesSupreme Court of Oklahoma · 1991

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