Legal Opinion
Grace Healthcare of Benton v. United States Department of Health & Human Services
Court of Appeals for the Eighth Circuit
Decided December 21, 2009No. 08-3218PublishedCited by 1 opinion
1Opinion of the Court
LOKEN, Chief Judge.
Grace Healthcare, a skilled nursing facility in Benton, Arkansas, petitions for judicial review of a civil monetary penalty imposed by the Secretary of the Department of Health and Human Services for an “immediate jeopardy” violation of 42 C.F.R. § 483.13(c), which requires nursing homes to thoroughly investigate all allegations of resident neglect or abuse, including injuries of unknown sources. The Secretary’s decision to impose a civil monetary penalty is subject to review in the court of appeals under 42 U.S.C. § 1320a-7a(e). See 42 U.S.C. § 1395i-3 (h) (2) (B) (ii). 1…
2Cases cited7 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Steadman v. Securities & Exchange CommissionSupreme Court of the United States · 1981
- Horras v. LeavittCourt of Appeals for the Eighth Circuit · 2007
- Mary Corder, Doing Business as Corder Convenience Store, Inc., Dba 7-Eleven 27472b v. United StatesCourt of Appeals for the Eighth Circuit · 1997
- Crestview Parke Care Center v. Tommy Thompson United States Department of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2004
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3Cited by1 opinion
- Life Care Center v. Secretary of the United States Department of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 2011