Administrative: Civil Monetary Penalty – Judicial Review – Nursing Home Violation

Grace Healthcare of Benton v. U.S. Department of Health and Human Services (MLW No. 59984/Case No. 08-3218 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.)

Where a nursing home sought judicial review of a civil monetary penalty imposed by the Department of Health and Human Service, the agency’s decision to impose a penalty for an “immediate jeopardy” violation was not supported by substantial evidence, so the immediate-jeopardy determination is set aside and the agency may decide if further adjudicative proceedings against the nursing home are warranted.

Petition for review granted; order vacated in part.

Grace Healthcare of Benton v. U.S. Department of Health and Human Services (MLW No. 59984/Case No. 08-3218 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) Petition for review of a final decision of the Secretary of the Department of Health and Human Services (Rex M. Terry, Fort Smith, Ark., argued for appellant; Shala J. Klutts appeared on the brief) (Nigel Gant, Dallas, argued for respondent; Jesse H. Goines appeared on the brief).

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