United States Eighth Circuit

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.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, HANSEN and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Rex M. Terry, argued, Shala J. Klutts, on the brief, Fort Smith, AR, for petitioner.


• For Appellees:
  
• Nigel Gant, argued, Jesse H. Goines, on the brief, Dallas, TX, for respondent.