Greenbrier Nursing v. U.S. Dep't of Health & Human Servs., No. 10-3628 (8th Cir. 2012)
Annotate this CaseThe Secretary of the Department of Health and Human Services (HHS) imposed a civil money penalty on Greenbrier Nursing and Rehabilitation Center, a skilled nursing facility in Arkansas, for noncompliance with Medicare participation requirements. The Eighth Circuit Court of Appeals denied Greenbrier's petition for review, holding (1) substantial evidence supported HHS's finding that Greenbrier was not in substantial compliance with 42 C.F.R. 483.25; (2) the finding that Greenbrier's noncompliance with section 483.25 rose to the level of immediate jeopardy was not erroneous; and (3) judicial review of two of Greenbrier's objections to the monetary penalty was barred, and Greenbrier received adequate notice of its noncompliance.
Court Description: Civil case - Medicare. The Department of Health and Human Services's finding that petitioner was not in substantial compliance with 42 C.F.R. Sec. 483.25 was supported by substantial evidence; the agency did not err in concluding that petitioner's noncompliance rose to the level of immediate jeopardy; judicial review of certain objections to the civil penalties imposed were barred because petitioner failed to raise the arguments to the agency; petitioner received adequate notice of the basis for the penalties and had ample opportunity to respond; as the record contains substantial evidence of noncompliance, the agency's procedural framework for shifting the burden of proof was immaterial to the outcome and the court would not address the legal issue raised by the claim.
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