Fairfax Nursing Home, Incorporated v. United States Department of Health & Human Services

RIPPLE, Circuit Judge.

Fairfax Nursing Home is a skilled nursing facility participating in Medicare and Medicaid. Fairfax was assessed a civil monetary penalty (“CMP”) by the Center for Medicare and Medicaid Services (“CMS”) because of its failure to comply substantially with Medicare regulations governing the care of respirator-dependent nursing home residents. Fairfax appealed to the Department Appeals Board of the Department of Health and Human Services (“HHS”); after a hearing before an Administrative Law Judge, both the ALJ and the Appellate Division affirmed the CMP. Pursuant to 42…