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BP CARE, INC. v. THOMPSON

No. 03-4365.

398 F.3d 503 (2005)

BP CARE, INC., Plaintiff-Appellant, v. Tommy THOMPSON, Secretary, United States Department of Health and Human Services; Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Geoffrey E. Webster, Columbus, Ohio, for Appellant. James P. Walsh, Assistant Regional Counsel, United States Department of Health & Human Services, Chicago, Illinois, for Appellees. ON BRIEF: Geoffrey E. Webster, J. Randall Richards, Columbus, Ohio, for Appellant. James P. Walsh, Assistant Regional Counsel, United States Department of Health & Human Services, Chicago, Illinois, Jan M. Holtzman, Assistant United States Attorney, Cincinnati, Ohio, for Appellees.

Before: COLE and ROGERS, Circuit Judges; COHN, District Judge.

OPINION

ROGERS, Circuit Judge.

In this case, BP Care, Inc., contests the Department of Health and Human Services' policy of imposing successor liability for money penalties incurred because of a violation of a Medicare provider agreement. The Department of Health and Human Services assessed civil money penalties ("CMPs") against West Chester Management Company, doing business as Barbara Parke Care Center ...

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