NORTHPORT HEALTH SERVICES v. U.S. DEP'T OF HHS

CASE NO. 5:19-CV-5168.

438 F.Supp.3d 956 (2020)

NORTHPORT HEALTH SERVICES OF ARKANSAS, LLC d/b/a Springdale Health and Rehabilitation Center; NWA Nursing Center, LLC d/b/a The Maples; et al., Plaintiffs v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; Alex M. Azar II, in his official capacity as Secretary of the United States Department of Health and Human Services; Centers for Medicare & Medicaid Services; and Seema Verma, in her official capacity as the Administrator of the Centers for Medicare & Medicaid Services, Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

Signed April 7, 2020.


Attorney(s) appearing for the Case

Erin E. Murphy , Pro Hac Vice, Paul D. Clement , Pro Hac Vice, Damon Clarke Andrews , Kasdin Miller Mitchell , Kirkland & Ellis LLP, Washington, DC, Kirkman T. Dougherty , Hardin, Jesson & Terry, PLC, Fort Smith, AR, for Plaintiffs Northport Health Services of Arkansas, LLC, NWA Nursing Center, LLC.

Kirkman T. Dougherty , Hardin, Jerson & Terry, PLC, Fort Smith, AR, for Plaintiffs Ashland Place Health and Rehabilitation, LLC, Aspire Physical Recovery Center at Cahaba River, LLC, Aspire Physical Recovery Center at Hoover, LLC, Aspire Physical Recovery Center of West Alabama, LLC, Athens Health and Rehabilitation, LLC, Civic Center Health and Rehabilitation, LLC, Columbiana Health and Rehabilitation, LLC, Cordova Health and Rehabilitation, LLC, Crossville Health and Rehabilitation, LLC, Florala Health and Rehabilitation, LLC, Georgiana Health and Rehabilitation, LLC, Gulf Coast Health and Rehabilitation, LLC, Hunter Creek Health and Rehabilitation, LLC, Huntsville Health and Rehabilitation, LLC, Jacksonville Health and Rehabilitation, LLC, Legacy Health and Rehabilitation of Pleasant Grove, LLC, Linville Health and Rehabilitation, LLC, Luverne Health and Rehabilitation, LLC, Moundville Health and Rehabilitation, LLC, Northport Health Services of Florida, LLC, Northport Health Services of Missouri, LLC, Northway Health & Rehabilitation, LLC, Oak Knoll Health and Rehabilitation, LLC, Opp Health and Rehabilitation, LLC, Ozark Health and Rehabilitation, LLC, Palm Gardens Health and Rehabilitation, LLC, Park Manor Health and Rehabilitation, LLC, Prattville Health and Rehabilitation, LLC, South Haven Health and Rehabilitation, LLC, South Health and Rehabilitation, LLC, Sumter Health and Rehabilitation, LLC, Tallassee Health and Rehabilitation, LLC, Valley View Health and Rehabilitation, LLC, Wetumpka Health and Rehabilitation, LLC, AFNC, Inc., Beebe Retirement Center, Inc., BNNC, Inc., BVNC, Inc., CNNC, Inc., FPNC, Inc., GVNC, Inc., HBNC, Inc., HLNC, Inc., HSNC, Inc., JBNC, Inc., Jonesboro Care and Rehabilitation Center, LLC, JRNRC OPS, Inc., Linco Health, Inc., MHCNC, Inc., MLBNC, Inc., MMNC, Inc., MSNRC OPS, Inc., Nashville Nursing & Rehab, Inc., Northwest Health and Rehab, Inc., OCNC, Inc., OR OPS, Inc., PM OPS, Inc., RTNC, Inc., Salco NC, Inc., Salco NC 2, Inc., SCNC, Inc., Senior Living Management Group, LLC, SLNC, Inc., SRCNC, Inc., Timberlane Care and Rehabilitation Center, LLC, TXKNC, Inc., WCNC, Inc., Westwood Health and Rehab, Inc., Windcrest Health and Rehab, Inc., WRNC, Inc., Apple Creek Health and Rehab, LLC, Ashton Place Health and Rehab, LLC, Atkins Care Center, Inc., Belvedere Nursing and Rehabilitation Center, LLC, Bradford House Nursing and Rehab, LLC, Briarwood Nursing and Rehabilitation Center, Inc., Cabot Health and Rehab, LLC, Chapel Ridge Nursing Center, LLC, Colonel Glenn Health and Rehab, LLC, Dardanelle Nursing and Rehabilitation Center, Inc., Nursing and Rehabilitation Center at Good Shepherd, LLC, Greenbrier Care Center, Inc., Greystone Nursing and Rehab, LLC, Heather Manor Care Center, Inc., Hickory Heights Health and Rehab, LLC, Innisfree Health and Rehab, LLC, Jamestown Nursing and Rehab, LLC, Johnson County Health and Rehab, LLC, Country Club Gardens, LLC, Lakewood Health and Rehab, LLC, Legacy Heights Nursing and Rehab, LLC, Lonoke Health and Rehab Center, LLC, Oak Manor Nursing and Rehabilitation Center, Inc., Perry County Care Center, Inc., Quapaw Care and Rehabilitation Center, LLC, Robinson Nursing & Rehabilitation Center, LLC, Russellville Care Center, Inc., Salem Place Nursing and Rehabilitation Center, Inc., Sherwood Nursing and Rehabilitation Center, Inc., Shiloh Nursing and Rehab, LLC, Stella Manor Care Center, Inc., Superior Health & Rehab, LLC, Eufaula Care Center, Inc., Cherokee County Nursing Center, Inc., Parks Edge Care Center, Inc., Hendrix Health Care Center, Inc.

Alexander V. Sverdlov , DOJ, Washington, DC, Seth Creed , DOJ-USAO, Fort Smith, AR, for Defendant.


MEMORANDUM OPINION AND ORDER

Before the Court are the Plaintiffs' Motion for Summary Judgment (Doc. 26) and Memorandum Brief in Support (Doc. 27) and Defendants' Cross-Motion for Summary Judgment and Response to Plaintiffs' Motion (Doc. 28) and a Memorandum Brief in...

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