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EMERALD SHORES HEALTH CARE v. U.S. DEPT. OF HEALTH

No. 07-12404.

545 F.3d 1292 (2008)

EMERALD SHORES HEALTH CARE ASSOCIATES, LLC, d.b.a. Emerald Shores Health & Rehabilitation Center, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services, Respondent.

United States Court of Appeals, Eleventh Circuit.

October 22, 2008.

Attorney(s) appearing for the Case

David K. Miller, Broad and Cassell, Tallahassee, FL, for Petitioner.

Michelle A. Gilliam, Atlanta, GA, for Respondent.

Before BIRCH, DUBINA and HILL, Circuit Judges.

BIRCH, Circuit Judge:

Emerald Shores Health Care Associates, LLC, petitions for review of a decision by the Departmental Appeals Board ("DAB") for the United States Department of Health and Human Services ("DHHS") imposing a civil monetary penalty ("CMP") for violating 42 C.F.R. § 483.70(h)(4). Emerald Shores argues that the DAB did not have substantial evidence to support its decision that Emerald Shores was not in substantial compliance with the regulation...

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