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PLOTT NURSING HOME v. BURWELL

No. 12-70174.

779 F.3d 975 (2015)

PLOTT NURSING HOME, Petitioner, v. Sylvia Mathews BURWELL, Secretary of the United States Department of Health and Human Services, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2015.

Attorney(s) appearing for the Case

Joseph L. Bianculli , Health Care Lawyers, PLC, Arlington, VA; Elizabeth Plott Tyler and Terry Schneier , Tyler & Wilson, Los Angeles, CA, for Petitioner.

Helen L. Gilbert and Michael S. Raab , Attorneys, Stuart F. Delery , Acting Assistant Attorney General, Department of Justice, Washington, D.C.; William B. Schultz , Acting General Counsel, Ann Hall , Chief Counsel, Region IX, and Claire D. Chazal , Assistant Regional Counsel, Department of Health and Human Services, San Francisco, CA, for Respondent.

Opinion by Judge Kleinfeld; Partial Concurrence and Partial Dissent by Judge Christen.

OPINION

Plott Nursing Home ("Plott") petitions for review of a civil money penalty imposed by the Secretary of the United States Department of Health and Human Services for Plott's violations of the Medicare Act's standards of care for nursing home patients.

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