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SUNSHINE HAVEN NURSING OPERATIONS v. DEPT. OF HHS

No. 12-9557.

742 F.3d 1239 (2014)

SUNSHINE HAVEN NURSING OPERATIONS, LLC, d/b/a Sunshine Haven Lordsburg, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR MEDICARE & MEDICAID SERVICES, Respondent.

United States Court of Appeals, Tenth Circuit.

February 14, 2014.

Attorney(s) appearing for the Case

Submitted on the briefs.* Jennifer L. Stone and Thomas A. Outler , of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, for Petitioner.

William B. Schultz , General Counsel, Delores "Dee" Thompson , Chief Counsel, Region VI, Nigel F. Gant , Assistant Regional Counsel, United States Department of Health and Human Services, Dallas, Texas for Respondent.

Before MATHESON, Circuit Judge, PORFILIO, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

MATHESON, Circuit Judge.

Petitioner Sunshine Haven Nursing Operations LLC (Sunshine) operates a 67-bed nursing home in Lordsburg, New Mexico. It petitions for review of the United States Department of Health and Human Services (HHS) Departmental Appeals Board's (DAB) decision affirming an administrative law judge's (ALJ) decision upholding mandatory and discretionary "remedies" (penalties) imposed on Sunshine by the Centers for Medicare and Medicaid Services (CMS...

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