Cal Turner Extended Care Pavilion v. United States Department of Health & Human Services

CLAY, Circuit Judge.

Petitioner Cal Turner Extended Care Pavilion appeals a decision of the Department Appeals Board (DAB) for the Department of Health and Human Services upholding a finding by an administrative law judge (ALJ) that Petitioner was not in substantial compliance with 42 C.F.R. §§ 483.20(b), 483.20(k)(2), and 483.25(h), and that Petitioner’s noncompliance created “immediate jeopardy.” The violations were based on the fact that Petitioner permitted family members to provide its residents with recliners that had a “lifting” feature, though the facility never used the lifting…