Smith, Harst & Associates, Inc. v. Colorado Department of Social Services

SILVERSTEIN, Judge.*

Colorado Department of Social Services (department) appeals the decision of the district court that the department does not have the authority to set off Medicaid payments to plaintiffs, Smith, Harst & Associates, Inc., Georgian Health, Inc., and Inter-ocean Properties, Inc. (nursing homes), to recover shortages in the personal needs accounts of Medicaid recipients. The nursing homes cross-appeal the district court’s ruling that the department may set off from current payments amounts representing past overpayments of Medicaid benefits. We affirm.

This action arises from…