MEADOWWOOD NURSING HOME v. U.S. DEPT. OF HHS

No. 02-4115.

364 F.3d 786 (2004)

MEADOWWOOD NURSING HOME, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, and Tommy Thompson, Secretary of HHS, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 2, 2004.


Attorney(s) appearing for the Case

Geoffrey E. Webster (briefed), Eric B. Hershberger, Columbus, OH, for Petitioner.

Shirley Moscow Michaelson (argued and breifed), Office of the Chief Counsel, Region V U.S. Dept. of Health and Human Services, Chicago, IL, for Respondents.

Before: DAUGHTREY and COLE, Circuit Judges; POLSTER, District Judge.


OPINION

DAUGHTREY, Circuit Judge.

By means of the petition now before us, MeadowWood Nursing Home seeks review of a civil monetary penalty imposed by the Secretary of Health and Human Services (HHS) upon a finding that MeadowWood had failed to comply with certain Medicare/Medicaid regulations. A survey conducted by the Ohio Department of Health on behalf of HHS turned up several deficiencies in the facility, including...

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