DEERBROOK PAVILION, LLC v. SHALALA

No. 99-4324.

235 F.3d 1100 (2000)

DEERBROOK PAVILION, LLC, Appellant, v. Donna E. SHALALA, Secretary, U.S. Department of Health & Human Services; United States Department of Health and Human Services; Nancy-Ann Min Deparle, Administrator, Health Care Financing Administration; Joe L. Tilghman, Regional Administrator, Health Care Financing Administration; Thomas W. Lenz, Associate Regional Administrator for Division of Medicaid and State Operations; Health Care Financing Administration; Gary J. Stangler, Director, MO Department of Social Services; Missouri Department of Social Services; Gregory J. Vadner, Director, MO Department of Medical Services; Missouri Division of Medical Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2000.


Attorney(s) appearing for the Case

Mark G. Arnold, argued, St. Louis, MO (Harvey M. Tettlebaum, Lowell D. Pearson, on the brief), for Appellant.

Andrew J. Lay, argued, Kansas City, MO, for Appellee.

Before HANSEN, HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.


HEANEY, Circuit Judge.

This case concerns successor liability for civil monetary penalties (CMPs) imposed by the Health Care Financing Administration (HCFA) on a skilled nursing facility (nursing home). HCFA imposed CMPs on a nursing home and, after it was bought by Deerbrook Pavilion, L.L.C. (Deerbrook), HCFA sought to collect the penalties from Deerbrook. Deerbrook then brought a complaint in the district court, alleging that the federal and state defendants lacked...

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