Legal Opinion

Cedar Lake Nursing Home v. United States Department of Health & Human Services

Court of Appeals for the Fifth Circuit

Decided September 13, 2010No. 10-60112PublishedCited by 10 opinions

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…

2Cases cited8 opinions

  1. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  2. Crestview Parke Care Center v. Tommy Thompson United States Department of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2004
  3. Harris County Hosp. Dist. v. ShalalaCourt of Appeals for the Fifth Circuit · 1995
  4. Hasan v. United States Department of LaborCourt of Appeals for the Third Circuit · 2008
  5. Martex Farms, S.E. v. United States Environmental Protection AgencyCourt of Appeals for the First Circuit · 2009

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3Cited by10 opinions

  1. Deepak Budhathoki v. Kirstjen Nielsen, SecrCourt of Appeals for the Fifth Circuit · 2018
  2. Zille Shah v. Alex Azar, Secretary, HHSCourt of Appeals for the Fifth Circuit · 2019
  3. Honey Grove Nursing Center v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2015
  4. Windsor Place v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2011
  5. West Texas LTC Partners, Inc. v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2016

5 more not listed; retrieve them via the Exa API.

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