Plott Nursing Home v. Sylvia Mathews Burwell

Opinion by Judge KLEINFELD; Partial Concurrence and Partial Dissent by Judge CHRISTEN.

OPINION

KLEINFELD, Senior Circuit Judge:

Plott Nursing Home (“Plott”) petitions for review of a civil money penalty imposed by the Secretary of the United States Department of Health and Human Services for Plott’s violations of the Medicare Act’s standards of care for nursing home patients.

I. The Regulatory Scheme

Skilled nursing facilities that participate in the federal Medicare and Medicaid programs must satisfy minimum standards of patient care in order to receive reimbursement for patient services.1 The…