Moczygemba v. Colorado Department of Health Care Policy & Financing

Opinion by

Judge ROTHENBERG.

Plaintiff, Barbara Moezygemba (applicant), appeals the order of the district court affirming the final decision of the Colorado Department of Health Care Policy and Financing (the department), which denied her application for home care services under a Medicaid program. We reverse and remand.

I. Medicaid Program

The state administers a federally funded Medicaid program known as the Home- and Community-based Services for the Elderly, Blind, and Disabled (HCBS). See 42 U.S.C. § 1396n(c)(l) (2000); § 26-4-601, et seq., C.R.S.2001; Weaver v. Colorado Department of Social…