Barbourville Nursing Home v. United States Department of Health & Human Services

The federal government, through the agency of the Department of Health and Human Services (“Department”), requires facilities that choose to participate in the Medicare or Medicaid programs to comply with certain minimum standards of care. Based on the unsanitary actions of its staff while treating nursing home patients during a June 2001 compliance survey, the Department found Barbourville Nursing Home (“BNH” or “Facility”), a Medicare participant, to have been substantially non-compliant with the standards of care in the Medicare regulations. BNH does not challenge that finding, nor does…