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FAIRFAX NURSING HOME v. U.S. HEALTH & HUMAN SERV.

No. 01-4088.

300 F.3d 835 (2002)

FAIRFAX NURSING HOME, INCORPORATED, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 2002.

Attorney(s) appearing for the Case

Brian E. Neuffer (argued), Winston & Strawn, Chicago, IL, for Petitioner.

Ted K. Yasuda (argued), Dept. of HEalth & Human Serv., Office of General Counsel, Region V, Chicago, IL, for Respondent.

BEFORE: RIPPLE, DIANE P. WOOD and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

Fairfax Nursing Home is a skilled nursing facility participating in Medicare and Medicaid. Fairfax was assessed a civil monetary penalty ("CMP") by the Center for Medicare and Medicaid Services ("CMS") because of its failure to comply substantially with Medicare regulations governing the care of respirator-dependent nursing home residents. Fairfax appealed to the Department Appeals Board of the Department...

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