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FAL-MERIDIAN v. U.S. DEPT. OF HEALTH AND HUMAN

No. 09-3485.

604 F.3d 445 (2010)

FAL-MERIDIAN, INC., Petitioner, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 2010.

Attorney(s) appearing for the Case

J. Michael Grubbs (argued), Barnes & Thornburg LLP, Indianapolis, IN, for Petitioner.

C. Douglas Ferguson, argued, Department of Health and Human Services, Office of the Chief Counsel, Chicago, IL, for Respondents.

Before CUDAHY, POSNER, and EVANS, Circuit Judges.

POSNER, Circuit Judge.

The Meridian nursing home asks us to set aside a final decision by the Department of Health and Human Services that imposed a civil penalty of $7,100 on the nursing home for having violated a regulation under the Medicare and Medicaid provisions of the Social Security Act. 42 U.S.C. §§ 1302, 1395hh. The regulation requires a skilled nursing facility to "ensure that—(1) the resident environment remains as free of accident hazards...

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