United States Second Circuit
Jennifer Matthew Nursing & Rehab. Ctr. v. US Dept. of Health & Hum. Servs., 08-5052
In a petition for review of a ruling by the Appeals Board of the U.S. Department of Health and Human Services affirming the decision of an Administrative Law Judge that upheld the assessment of an $80,000 civil monetary penalty for regulatory violations imposed by the Centers for Medicare and Medicaid Services against a certified nursing facility formerly owned and operated by petitioner, the petition is dismissed as moot where, subsequent to the filing of the petition, the new owner-operator satisfied the civil monetary penalty assessed against the facility.
Appellate Information
- Argued 10/01/2009
- Decided 06/18/2010
- Published 06/18/2010
Judges
- SACK, Circuit Judge:, Before SACK, LIVINGSTON, and LYNCH, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Joseph L. Bianculli, Health Care Lawyers, PLC, Arlington, VA, for Petitioner.
- For Appellees:
- Abby C. Wright, Appellate Staff Attorney, Civil Division, Department of Justice, for Tony West, Assistant Attorney General (Mark B. Stern, on the brief), for Respondent.