Emerald Shores Health Care Associates, LLC v. United States Department of Health & Human Services

BIRCH, Circuit Judge:

Emerald Shores Health Care Associates, LLC, petitions for review of a decision by the Departmental Appeals Board (“DAB”) for the United States Department of Health and Human Services (“DHHS”) imposing a civil monetary penalty (“CMP”) for violating 42 C.F.R. § 483.70(h)(4). Emerald Shores argues that the DAB did not have substantial evidence to support its decision that Emerald Shores was not in substantial compliance with the regulation. After review, we grant the petition, VACATE the DAB’s decision, and REMAND for further proceedings consistent with this decision.

I.…