MANDY R. EX REL. MR. AND MRS. R. v. OWENS

Nos. 05-1148, 05-1150.

464 F.3d 1139 (2006)

MANDY R., by and through her parents and guardians, MR. AND MRS. R.; Lisa W., by and through her parents and next friends, Mr. and Mrs. W.; Stephanie F., by and through her parents and next friends, Mr. and Mrs. F., Plaintiffs, Marian L., by and through her parent and guardian, Ms. L.; Jodi F., by and through her parents and next friends, Mr. and Mrs. F.; and Cathy G., by and through her parent and guardian, Russell G., Plaintiffs-Intervenors, and Colorado Association of Community Centered Boards, Plaintiff-Intervenor-Appellant, v. Bill OWENS, Governor of the State of Colorado; Marva Hammons, Executive Director of the Colorado Department of Human Services; Karen Reinertson, Executive Director of the Colorado Department of Health Care Policy and Financing; Colorado Department of Human Services; Colorado Department of Health Care Policy and Financing, Defendants-Appellees. Mandy R., by and through her parents and guardians, Mr. and Mrs. R.; Stephanie F., by and through her parents and next friends, Mr. and Mrs. F., Plaintiffs-Appellants, Jodi F., by and through her parents and next friends, Mr. and Mrs. F.; Marian L., by and through her parent and guardian, Ms. L.; Cathy G., by and through her parent and guardian, Russell G., Plaintiffs-Intervenors-Appellants, and Lisa W., by and through her parents and next friends, Mr. and Mrs. W., Plaintiff, Colorado Association of Community Centered Boards, Plaintiff-Intervenor, v. Bill Owens, Governor of the State of Colorado; Marva Hammons, Executive Director of the Colorado Department of Human Services; Karen Reinertson, Executive Director of the Colorado Department of Health Care Policy and Financing; Colorado Department of Human Services; Colorado Department of Health Care Policy and Financing, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 21, 2006.


Attorney(s) appearing for the Case

R. Eric Solem, of Solem, Mack & Steinhoff, P.C., Englewood, CO, for Appellants.

Richard Westfall, of Hale Friesen, LLP, Denver, CO, for Appellant Colorado Association of Community Centered Boards.

Wade S. Livingston, First Assistant Attorney General, Human Services Unit of the State Services Section, Denver, CO (Attorney General John W. Suthers with him on the brief), for Appellees.

Before MURPHY, McCONNELL, and BALDOCK, Circuit Judges.


McCONNELL, Circuit Judge.

Colorado has a waiting list of hundreds of developmentally disabled persons who need but do not receive Medicaid-funded services. Six such persons and an association of providers brought this suit under 42 U.S.C. § 1983, claiming that the State of Colorado has failed to comply with three requirements of the Medicaid Act, namely reasonable promptness, comparability, and sufficient payments. After a bench trial, the district court entered...

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