United States Ninth Circuit

In this case, a civil money penalty was imposed on petitioner nursing home by the Secretary of the United States Department of Health and Human Services for petitioner's violations of the Medicare Act's standards of care for nursing home patients. The judgment is affirmed in part, reversed in part, and remanded, where: 1) the Secretary's determination that the nursing home violated the quality of care for bed sores was proper; 2) the Secretary's determination that the nursing home violated the quality of care for urinary tract infection was in error; 3) the nursing home was entitled to administrative review of all cited deficiencies; and 4) the agency need not afford review before survey results were posted on their public website, but must allow review and correction as required by the Medicare Act.

Appellate Information

• Decided 03/03/2015
• Published 03/03/2015

Judges

• Kleinfeld

Court

• United States Ninth Circuit

Counsel