Cedar Lake Nursing Home v. United States Department of Health & Human Services
Court of Appeals for the Fifth Circuit
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
In this petition for review from the Departmental Appeals Board of the United States Department of Health and Human Services (“DHHS”), Petitioner Cedar Lake Nursing Home (“Cedar Lake”) challenges a $5,000 per-instance civil monetary penalty levied by the DHHS against Cedar Lake for violations of 42 C.F.R. § 483.25(h). We reject Petitioner’s challenge and DISMISS the petition for review.
I
Cedar Lake is a nursing home that participates in the Medicare program. On February 20, 2008, a resident of Cedar Lake designated in the record as “Resident # 10” — a 92 year-old…
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