Somerset Nursing & Rehabilitation Facility v. United States Deparment of Health & Human Services

I agree with the majority that our standard of review is based upon whether substantial evidence supports the decision of the DAB. See Claiborne-Hughes Health Center v. Sebelius, 609 F.3d 839, 843 (6th Cir.2010). I also concur in Parts V., VI., and VIL, which discuss the findings of violations between May 10, 2008, and January 14, 2009.

However, I depart from the majority when it finds that there was sufficient evidence to affirm the deficiency finding for Somerset’s violation of 42 C.F.R. § 483.13(b) and the immediate jeopardy finding from August 21, 2008, to January 6, 2009. An “immediate…