Legal Opinion

Windsor Place v. United States Department of Health & Human Services

Court of Appeals for the Fifth Circuit

Decided June 17, 2011No. 09-60072PublishedCited by 5 opinions

1Per curiam

The Windsor Place Nursing & Rehab Center (“Windsor”) petitions this Court for review of the final decision of the Departmental Appeals Board (“DAB”) of the U.S. Department of Health and Human Services (“HHS”) finding that Windsor was in substantial noncompliance with regulations covering skilled nursing facilities, and affirming civil monetary penalties (“CMPs”) and denial of payment for new admissions (“DPNA”). Finding that the DAB’s decisions are supported by substantial evidence and are not arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law, we…

2Cases cited2 opinions

  1. Cedar Lake Nursing Home v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2010
  2. Livingston Care Center v. United States Department of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2004

3Cited by5 opinions

  1. Sunshine Haven Nursing Operations, LLC v. United States Department of Health & Human Services, Centers for Medicare & Medicaid ServicesCourt of Appeals for the Tenth Circuit · 2014
  2. West Texas LTC Partners, Inc. v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2016
  3. Memorial Hermann Hospital v. SebeliusDistrict Court, E.D. Texas · 2012
  4. Mississippi Care Center of Greenville v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2013
  5. MD Anderson v. HHSCourt of Appeals for the Fifth Circuit · 2021

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