Colorado Department of Health Care Policy & Financing v. Kochevar

Opinion by

Judge VOGT.

The Colorado Department of Health Care Policy and Financing (Department) appeals the probate court’s summary judgment in favor of the Estate of Molly E. Koehevar (decedent). We reverse and remand for further proceedings.

I

In October 2001, the Department filed a claim in the probate court, seeking to recover from the Estate $76,109.08, representing Medicaid payments paid on behalf of the decedent before her death in March 2001. The claim stated that it was made pursuant to § 26-4^-403.3, C.R.S.2003, which provides for recovery of payments from the estates of medical…