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TALBOT v. LUCY CORR NURSING HOME

No. 96-1915.

118 F.3d 215 (1997)

Georgia F. TALBOT, Plaintiff-Appellant, v. LUCY CORR NURSING HOME; Jacob W. Mast, in his capacity as Administrator of the Lucy Corr Nursing Home, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1997.

Attorney(s) appearing for the Case

ARGUED: Edwin Ford Stephens, Christian & Barton, L.L.P., Richmond, VA, for Appellant. Lloyd Lee Byrd, Sands, Anderson, Marks & Miller, Richmond, VA, for Appellees. ON BRIEF: Michael W. Smith, John W. Montgomery, Jr., Christian & Barton, L.L.P., Richmond, VA, for Appellant. Frank B. Miller, III, John B. Catlett, Jr., Sands, Anderson, Marks & Miller, Richmond, VA, for Appellees.

Before NIEMEYER and HAMILTON, Circuit Judges, and LEGG, United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge NIEMEYER and Judge LEGG joined.

OPINION

HAMILTON, Circuit Judge:

The issue presented by this appeal is whether a plaintiff who alleges a violation of the nursing care facility resident rights provisions of the Medicare Act, see 42 U.S.C. § 1395i-3(c), must exhaust her state administrative remedies before bringing a cause of action for those violations...

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