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CEDAR LAKE NURSING HOME v. U.S. DEPT. OF HEALTH

No. 10-60112 Summary Calendar.

619 F.3d 453 (2010)

CEDAR LAKE NURSING HOME, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

September 13, 2010.

Attorney(s) appearing for the Case

Delta S. Best , Allison L. Spruill , Best & Spruill, P.C., Austin, TX, for Petitioner.

Edmond Dante Anderson, III , Asst. Regional Counsel, U.S. Dept. of Health & Human Services, Dallas, TX, Henry Goldberg , U.S. Dept. of Health & Human Services, Baltimore, MD, Kathleen Sebelius , U.S. Dept. of Health & Human Services, Washington, DC, for Respondent.

Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

In this petition for review from the Departmental Appeals Board of the United States Department of Health and Human Services ("DHHS"), Petitioner Cedar Lake Nursing Home ("Cedar Lake") challenges a $5,000 per-instance civil monetary penalty levied by the DHHS against Cedar Lake for violations of 42 C.F.R. § 483.25(h). We reject Petitioner's challenge and DISMISS the petition for review.

I.

Cedar Lake is a nursing...

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