GRACE HEALTHCARE OF BENTON v. U.S. DEPT. HHS.

No. 08-3218.

603 F.3d 412 (2010)

GRACE HEALTHCARE OF BENTON, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: December 21, 2009.

Order Amending this Opinion March 31, 2010.


Attorney(s) appearing for the Case

Rex M. Terry, argued, Shala J. Klutts, on the brief, Fort Smith, AR, for petitioner.

Nigel Gant, argued, Jesse H. Goines, on the brief, Dallas, TX, for respondent.

Before LOKEN, Chief Judge, HANSEN and COLLOTON, Circuit Judges.


LOKEN, Chief Judge.

Grace Healthcare, a skilled nursing facility in Benton, Arkansas, petitions for judicial review of a civil monetary penalty imposed by the Secretary of the Department of Health and Human Services for an "immediate jeopardy" violation of 42 C.F.R. § 483.13(c), which requires nursing homes to thoroughly investigate all allegations of resident neglect or abuse, including injuries of unknown sources. The Secretary's decision to impose a civil...

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