Document Category:
State: Arkansas
Subject Matter: GreenBriar Nursing & Rehab v. US HHS & CMS
Document Title:

Greenbrier Nursing  v.  U.S. Dept. of HHS

U.S. Court of Appeals Case No:  10-3628

Department of Health & Human Services  

[PUBLISHED] [Colloton, Author, with Smith and Gruender, Circuit Judges]


Court’s Unofficial Summary:
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




Document Author: US Court of Appeals
Firm/Company: US Court of Appeals
Document Date: February 18, 2020
Search Tags: f tags immediate jeopardy
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