Legal Opinion

Bp Care, Inc. v. Tommy Thompson, Secretary, United States Department of Health and Human Services Department of Health and Human Services

Court of Appeals for the Sixth Circuit

Decided February 15, 2005No. 03-4365PublishedCited by 21 opinions

1Opinion of the Court

OPINION

ROGERS, Circuit Judge.

In this case, BP Care, Inc., contests the Department of Health and Human Services’ policy of imposing successor liability for money penalties incurred because of a violation of a Medicare provider agreement. The Department of Health and Human Services assessed civil money penalties (“CMPs”) against West Chester Management Company, doing business as Barbara Parke Care Center (“Barbara Parke”), because of inadequate patient care at a nursing home Barbara Parke leased and operated under a Medicare provider agreement. The agency issued Barbara Parke a notice of its…

2Cases cited12 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Heckler v. RingerSupreme Court of the United States · 1984
  4. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
  5. Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000

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

3Cited by21 opinions

  1. Southern Rehabilitation Group, P.L.L.C. v. Secretary of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 2013
  2. Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016
  3. Giesse v. Secretary of the Department of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 2008
  4. Gos Operator, LLC v. SebeliusDistrict Court, S.D. Alabama · 2012
  5. Hathorn v. Petty (In re Petty)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013

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

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