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WINDSOR PLACE v. DEPT. OF HEALTH & HUMAN SERVICES

No. 09-60072.

649 F.3d 293 (2011)

The WINDSOR PLACE, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

June 17, 2011.

Attorney(s) appearing for the Case

Juhe Bowman Mitchell , Philip Joseph Chapman, Mitchell Day Health Law Firm, P.L.L.C., Ridgeland, MS, for Petitioner.

Michelle A. GUliam , Asst. Regional Counsel, U.S. Dept. of Health & Human Services, Atlanta, GA, Henry Goldberg, U.S. Dept. of Health & Human Services, Office of the Gen. Counsel, Baltunore, MD, Kathleen Sebelius , Sec, U.S. Dept. of Health & Human Services, Washmgton, DC, for Respondent.

Before WIENER, PRADO, and OWEN, Circuit Judges.

PER CURIAM:

The Windsor Place Nursing & Rehab Center ("Windsor") petitions this Court for review of the final decision of the Departmental Appeals Board ("DAB") of the U.S. Department of Health and Human Services ("HHS") finding that Windsor was in substantial noncompliance with regulations covering skilled nursing facilities, and affirming civil monetary penalties ("CMPs") and denial of payment for new admissions ("DPNA"). Finding that the DAB's decisions are...

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