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Grace Healthcare of Benton v. US Dept. of Health & Hum. Servs., No. 08-3218

By FindLaw Staff on December 21, 2009 8:58 PM

In a petition for review of a civil monetary penalty imposed by the Secretary of the Department of Health and Human Services on petitioner nursing home for an "immediate jeopardy" violation of 42 C.F.R. section 483.13(c), which required nursing homes to thoroughly investigate all allegations of resident neglect or abuse, including injuries of unknown sources, the petition is granted where the Secretary's finding of the likely harm necessary to warrant an immediate-jeopardy-level finding was based on pure speculation and not supported by substantial evidence in the administrative record as a whole.

Read Grace Healthcare of Benton v. US Dept. of Health & Hum. Servs., No. 08-3218

Appellate Information

Submitted: April 16, 2009

Filed: December 21, 2009

Judges

Opinion by Judge Loken

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