Tuesday, March 17, 2015

9th Circuit Requires Determinations of Survey Deficiencies Relied upon by CMS for Penalties

Dianne De La Mare

The US Court of Appeals for the Ninth Circuit has held, for the first time, that a nursing facility (NF) is entitled to an administrative review of all cited deficiencies relied upon by CMS for the imposition of penalties. See the decision in Plott Nursing Home v Burwell at http://caselaw.findlaw.com/us-9th-circuit/1693524.html.

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