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GOLDEN LIVING CTR v. SEC. OF HEALTH AND HUMAN SVCS

No. 10-3200.

656 F.3d 421 (2011)

GOLDEN LIVING CENTER-FRANKFORT, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES; United States Department of Health and Human Services, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2011.

Attorney(s) appearing for the Case

ARGUED: Joseph L. Bianculli , Health Care Lawyers, PLC, Arlington, Virginia, for Petitioner. Erin S. Shear , Office of the General Counsel, Department of Health and Human Services, Atlanta, Georgia, for Respondents. ON BRIEF: Joseph L. Bianculli , Health Care Lawyers, PLC, Arlington, Virginia, for Petitioner. Erin S. Shear , Office of the General Counsel, Department of Health and Human Services, Atlanta, Georgia, for Respondents.

Before: COLE and STRANCH, Circuit Judges; ZATKOFF, District Judge.

OPINION

JANE B. STRANCH, Circuit Judge.

Resident 1 ("R1") arrived at Golden Living Center ("Golden") on December 7, 2007 with complex ailments, but oriented, able to feed herself and able to speak. During 18 days in Golden's facility, R1 was sent to the hospital twice with serious medical complications. Following a complaint and investigation, Golden was found to have failed to maintain substantial compliance with federal regulations in its treatment of...

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