WICOMICO NURSING HOME v. PADILLA

Nos. 17-1972, 17-2033.

910 F.3d 739 (2018)

WICOMICO NURSING HOME, as Assignee and/or Authorized Representative of Margaret Smith, Peggy Outten, Ruby Bounds, Shirley Hackett, Carol Synder, and William Soil; Oakview SNF, LLC, d/b/a Oakview Rehabilitation and Nursing Center, as Assignee and/or Authorized Representative of Cheryl Hart; Anchorage Nursing, LLC, d/b/a Anchorage Nursing and Rehabilitation Center, as Assignee and/or Authorized Representative of Benjamin Winder and Frances Johnson; Brooke Grove Foundation, Inc., as Assignee and/or Authorized Representative of Eloise Roberson and Mary Imhoff, Plaintiffs-Appellants, v. Lourdes R. PADILLA; Dennis R. Schrader, Defendants-Appellees. Wicomico Nursing Home, as Assignee and/or Authorized Representative of Margaret Smith, Peggy Outten, Ruby Bounds, Shirley Hackett, Carol Synder, and William Soil; Oakview SNF, LLC, d/b/a Oakview Rehabilitation and Nursing Center, as Assignee and/or Authorized Representative of Cheryl Hart; Anchorage Nursing, LLC, d/b/a Anchorage Nursing and Rehabilitation Center, as Assignee and/or Authorized Representative of Benjamin Winder and Frances Johnson; Brooke Grove Foundation, Inc., as Assignee and/or Authorized Representative of Eloise Roberson and Mary Imhoff, Plaintiffs-Appellants, v. Lourdes R. Padilla; Dennis R. Schrader, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2018.


Attorney(s) appearing for the Case

ARGUED: Kimberly Mahlow Watt , SB2, INC., Harrisburg, Pennsylvania, for Appellants. David Stephen Lapp , Michael Lee Bouyea , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. ON BRIEF: Kathleen C. Morris , Katie Z. Van Lake , SB2, INC., Harrisburg, Pennsylvania, for Appellants. Brian E. Frosh , Attorney General, Hilma J. Munson , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Floyd and Judge Gibney joined.


Wicomico Nursing Home, Oakview SNF, LLC, Anchorage Nursing, LLC, and Brooke Grove Foundation, Inc. (the "Nursing Homes"), on behalf of eleven residents, sued Lourdes Padilla, the Secretary of the Maryland Department of Human Services, and Dennis Schrader, the Secretary of the Maryland Department of Health (the "Secretaries"...

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