Legal Opinion

Fal-Meridian, Inc. v. U.S. Department of Health

Court of Appeals for the Seventh Circuit

Decided May 6, 2010No. 09-3485PublishedCited by 3 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The Meridian nursing home asks us to set aside a final decision by the Department of Health and Human Services that imposed a civil penalty of $7,100 on the home for having violated a regulation under the Medicare and Medicaid provisions of the Social Security Act. 42 U.S.C. §§ 1302, 1395hh. The regulation requires a skilled nursing facility to “ensure that— (1) the resident environment remains as free of accident hazards as is possible; and (2) each resident receives adequate supervision and assistance devices to prevent accidents.” 42 C.F.R. § 483.25(h). The size of…

2Cases cited19 opinions

  1. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  2. Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
  3. American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
  4. United States v. Carroll Towing Co.Court of Appeals for the Second Circuit · 1947
  5. Jiri Mucha v. Charles KingCourt of Appeals for the Seventh Circuit · 1986

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3Cited by3 opinions

  1. Cedar Lake Nursing Home v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2010
  2. Golden Living Center v. HHSCourt of Appeals for the Sixth Circuit · 2020
  3. Maplewood Care, Inc. v. ArnoldAppellate Court of Illinois · 2013

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