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JEWISH HOME OF EASTERN PA v. CENTERS FOR MEDICARE

No. 09-3006.

693 F.3d 359 (2012)

JEWISH HOME OF EASTERN PA, Petitioner v. CENTERS FOR MEDICARE AND MEDICAID SERVICES; Department of Health and Human Services, Respondents.

United States Court of Appeals, Third Circuit.

Filed: August 14, 2012.

Attorney(s) appearing for the Case

Christopher S. Lucas, Esquire , Camphill, PA, for Petitioner.

Alan C. Horowitz, Esquire , United States Department of Health & Human Services, Office of the General Counsel, Philadelphia, PA, for Respondent.

Before: FUENTES, CHAGARES, and ROTH, Circuit Judges.

OPINION

CHAGARES, Circuit Judge.

Jewish Home of Eastern Pennsylvania ("JHEP") petitions for review of a final decision of the Secretary of the Department of Health and Human Services affirming the imposition of civil monetary penalties for failure to be in substantial compliance with the Medicare and Medicaid Services participation requirements set forth in 42 C.F.R. § 483.25(h)(2). For the reasons that follow, we will deny the petition for review....

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