Schaffer v. Colorado Department of Social Services

HUME, Judge.

The Department of Social Services (Social Services) appeals a district court judgment reversing its decision to terminate certain nursing home medicaid benefits for plaintiff, Katherine Schaffer. Social Services contends that the trial court erred in determining that Social Services’ failure to obtain a functional assessment report from plaintiff’s attending physician violated state and federal regulations, that a point system used in conducting a medical review of the need for nursing home care was a “rule” that must be published in the Code of Colorado Regulations, that Social…