Asbury Center v. United States Department of Health & Human Services

OPINION

COOK, Circuit Judge.

Asbury Center, at Johnson City (As-bury) challenges the government’s determinations imposing civil money penalties *855of $365,000 against Asbury for violations of Medicare participation requirements applicable to its long-term care facility. The Administrative Law Judge (ALJ) and the Department of Health and Human Services Departmental Appeals Board (DAB) both affirmed the administratively-imposed penalties. We likewise affirm.

I. Background

Asbury is a Medicare-certified residential nursing facility where Resident # 1 (Rl), restrained in a wheelchair, fell down a…