Plott Nursing Home v. Sylvia Mathews Burwell

I concur in the court’s holding with respect to the two deficiencies that formed *990the basis of the $500 per day penalty sustained by the Department of Health and Human Services Appeals Board. But because the court’s holding as to the unre-viewed deficiencies accords with neither our statutory jurisdiction nor with well-established principles of judicial review, I respectfully dissent from Part C of the court’s analysis.

The skilled nursing facility provisions of the Medicare Act provide: “[T]he Secretary may impose a civil money penalty in an amount not to exceed $10,000 for each day of…