Batavia Nursing & Convalescent Center v. Thompson

ROGERS, Circuit Judge.

Batavia Nursing & Convalescent Center (“Batavia”) appeals a decision of the Secretary of Health and Human Services imposing civil money penalties on Batavia. The Centers for Medicare and Medicaid Services (“CMS”) assessed the penalties against Batavia after a survey by Ohio Department of Health officials revealed numerous deficiencies in care, in violation of Medicare participation requirements. An ALJ found that CMS had correctly identified deficiencies, but lowered the amount of the money penalties. Batavia appealed the ALJ’s decision to the Department of Health and…