Bethesda Foundation of Nebraska v. Colorado Department of Social Services

Opinion by

Judge HUME.

The Colorado Medicaid regulations state that a health-care provider is entitled to recover its legal expenses if it prevails in litigation against the Department of Social Services concerning reimbursable costs. The issue presented in these consolidated appeals is whether a prevailing provider may recover legal expenses that are incurred after it voluntarily exits the Medicaid program during the course of an appeal involving the Department. The district courts in the two underlying cases concluded that an award was required under the regulations prior to their amendment.…