Legal Opinion

Grace Healthcare v. United States Department of Health

Court of Appeals for the Eighth Circuit

Decided March 31, 2010No. 08-3218PublishedCited by 11 opinions

1Opinion of the Court

LOKEN, Chief Judge.

Grace Healthcare, a skilled nursing facility in Benton, Arkansas, petitions for judicial review of a civil monetary penalty imposed by the Secretary of the Department of Health and Human Services for an “immediate jeopardy” violation of 42 C.F.R. § 483.13(c), which requires nursing homes to thoroughly investigate all allegations of resident neglect or abuse, including injuries of unknown sources. The Secretary’s decision to impose a civil monetary penalty is subject to review in the court of appeals under 42 U.S.C. § 1320a-7a(e). See 42 U.S.C. § 1395i-3(h)(2)(B)(ii). 1…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Steadman v. Securities & Exchange CommissionSupreme Court of the United States · 1981
  3. Horras v. LeavittCourt of Appeals for the Eighth Circuit · 2007
  4. Mary Corder, Doing Business as Corder Convenience Store, Inc., Dba 7-Eleven 27472b v. United StatesCourt of Appeals for the Eighth Circuit · 1997
  5. Crestview Parke Care Center v. Tommy Thompson United States Department of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2004

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3Cited by11 opinions

  1. Rosewood Care Center of Swanse v. Thomas E. PriceCourt of Appeals for the Seventh Circuit · 2017
  2. Greenbrier Nursing & Rehabilitation Center v. U.S. Department of Health & Human Services, Centers for Medicare & Medicaid ServicesCourt of Appeals for the Eighth Circuit · 2012
  3. Life Care Center v. Secretary of the United States Department of Health & Human ServicesCourt of Appeals for the Sixth Circuit · 2011
  4. Neighbors Rehab. Ctr., LLC v. U.S. Dep't of Health & Human Servs.Court of Appeals for the Seventh Circuit · 2018
  5. City of Council Bluffs v. U.S. Dep't of the InteriorDistrict Court, S.D. Iowa · 2019

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