Rosewood Care Center of Swanse v. Thomas E. Price

RIPPLE, Circuit Judge.

Rosewood Care Center is a skilled nursing facility participating in Medicare and Medicaid. The Centers for Medicare and Medicaid Services assessed a civil monetary penalty against Rosewood on the grounds that it had failed to protect a resident from abuse, failed to timely report or to investigate thoroughly allegations of abuse, and failed to implement its internal policies on abuse, neglect, and misappropriation of property. CMS determined that these deficiencies placed residents in “immediate jeopardy.” 1 After a hearing before an Administrative Law Judge, both the…