Legal Opinion
Sunshine Haven Nursing Operations, LLC v. United States Department of Health & Human Services, Centers for Medicare & Medicaid Services
Court of Appeals for the Tenth Circuit
Decided February 14, 2014No. 12-9557PublishedCited by 14 opinions
1Opinion of the Court
MATHESON, Circuit Judge.
Petitioner Sunshine Haven Nursing Operations LLC (Sunshine) operates a 67-bed nursing home in Lordsburg, New Mexico. It petitions for review of the United States Department of Health and Human Services (HHS) Departmental Appeals Board’s (DAB) decision affirming an administrative law judge’s (ALJ) decision upholding mandatory and discretionary “remedies” (penalties) imposed on Sunshine by the Centers for Medicare and Medicaid Services (CMS). CMS remedies are commonly characterized as imposed by the Secretary of HHS.
We have jurisdiction under 42 U.S.C. §§ 1395i —…
2Cases cited45 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
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3Cited by14 opinions
- Quinn v. YoungCourt of Appeals for the Tenth Circuit · 2015
- Haaland v. Presbyterian Health Plan, Inc.District Court, D. New Mexico · 2018
- Tres Lotes LLC v. BNSF Railway Co.District Court, D. New Mexico · 2014
- EarthGrains Baking Companies Inc. v. Sycamore Family Bakery, Inc.Court of Appeals for the Tenth Circuit · 2014
- Save The Colorado v. SpellmonCourt of Appeals for the Tenth Circuit · 2022
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