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Colorado Department of Law — Annual Report 2009 - page 28 / 41

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Colorado Department of Law — Annual Report 2009

disciplinary actions involving charges of sexual offenses or misconduct and theft.

  • Advised the Department of Education on issues regarding federal regulatory compliance and federal audits.

  • Advised the Department of Higher Education on the closing of 3 diploma mills, on student complaints against private colleges, and on recovering funds owed to the State.

Child Protection, Human Services and Health Care

On behalf of the Department of Human Services, the State Services Section initiated actions against 19 entities seeking fines for violations of licensing statutes and regulations and collected more than $7,150 in fines.

In 2009, the Section also:

  • Represented the Department of Human Services in an additional 35 cases against child care providers, including 15 summary suspensions of providers who failed to comply with licensing statutes and regulations or operated without a license.

  • Represented the Department of Human Services in 934 child protection cases, resolving most through mediation.

  • Represented the Department of Human Services in four actions for judicial review of the Department’s Final Agency Decision.

  • Assisted the Department of Human Services Division of Child Support Enforcement in five district court actions to assert and protect the Division’s authority in the use of enforcement remedies.

  • Represented various divisions of the Department of Human Services regarding subpoenas for records.

  • Represented the Department of Human Services Division of Youth Corrections in 41 cases regarding appropriate sentencing, placement, or release of juveniles.

  • Represented the Department of Human Services Division of Behavioral Health, Alcohol and Drug Abuse Division against

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five providers who failed to comply with the licensing statutes and regulations governing their facilities.

  • Represented the Department of Human Services Division of Vocational Rehabilitation in seven appeals filed by applicants or eligible individuals regarding the provision of vocational rehabilitation services.

  • Continued to defend the Department of Human Services in a $10 million dollar class action challenge to the state disability benefits program which would have required the State to pay for applicants’ attorneys’ fees.

  • Assisted the Department of Health Care Policy and Financing in recovering more than $567,000 in Medicaid overpayments through settlement negotiations.

  • Advised and represented the Department of Health Care Policy and Financing in the termination of several Medicaid providers suspected of fraud; intercepted and withheld payment on more than $800,000 in suspect claims. Settled two matters that recovered $136,000.

  • Successfully defended the Department of Health Care Policy and Financing in matters challenging the type of income that can be placed into disability trusts.

  • Represented the Colorado Department of Public Health and Environment in numerous medical marijuana related matters, including defending against several subpoenas to produce confidential information.

  • Represented the Colorado Department of Public Health and Environment during Hepatitis C investigation involving hospital employee.

  • Successfully defended the Colorado Department of Public Health and Environment in administrative hearings challenging the imposition of fines and sanctions assessed on assisted living facilities where patients’ safety and well- being was at risk.

  • Continued to defend the Colorado Department of Public Health and Environment in a challenge to Colorado’s air ambulance regulations.

  • Continued to defend against an action seeking multi-million dollar changes in the

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