SOUTH VALLEY HEALTH CARE v. HEALTH CARE FINANCING

No. 99-9535.

223 F.3d 1221 (2000)

SOUTH VALLEY HEALTH CARE CENTER, Petitioner, v. HEALTH CARE FINANCING ADMINISTRATION, Respondent.

United States Court of Appeals, Tenth Circuit.

September 11, 2000.


Attorney(s) appearing for the Case

David M. Shell of the Law Offices of David M. Shell, Elk Grove, CA, for Petitioner.

Jay A. Swope, Chief Counsel, Region VIII, Patricia L. Bossert, Special Attorney for the Department of Justice and Assistant Regional Counsel, Department of Health and Human Services, Denver, CO, for Respondent.

Before BRORBY, PORFILIO, and MURPHY, Circuit Judges.


BRORBY, Circuit Judge.

South Valley Health Care Center (South Valley) appeals from a final decision of the Secretary of the Department of Health and Human Services (the Secretary) affirming a civil money penalty against South Valley. The penalty was levied by the Health Care Financing Administration (Administration) pursuant to 42 U.S.C. § 1395i-3(h)(2)(B)(ii) for South Valley's noncompliance with the conditions of a skilled nursing facility's participation in...

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