Colorado Department of Health Care Policy & Financing v. Estate of Roberts

Opinion by

Judge STERNBERG.*

This appeal addresses the tension between Colorado and federal statutes on the issue of trusts designed to preserve an individual's eligibility for Medicaid benefits. Colorado statutes prohibit creation of the trust at issue in this case while federal statutes permit their creation. The trial court ruled that federal law had preempted the field and declined to apply the state statutes. We disagree and, therefore, reverse.

Appellee, Keith Roberts, is a developmentally disabled and incapacitated individual who is receiving Medicaid benefits. The Denver Department of…