Neighbors Rehab. Ctr., LLC v. U.S. Dep't of Health & Human Servs.

St. Eve, Circuit Judge.

Neighbors Rehabilitation Center is a skilled nursing facility participating in Medicare and Medicaid. The Centers for Medicare and Medicaid Services ("CMS") assessed a civil monetary penalty against *921Neighbors after concluding that Neighbors inadequately addressed sexual interactions between three cognitively impaired residents. CMS determined that Neighbors' failure to act put the residents in "immediate jeopardy," and, as a result, issued Neighbors a citation and an $83,800 penalty. After a hearing, an administrative law judge affirmed the citation and penalty, and the…