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Fal-Meridian, Inc. v. U.S. Dep't of Health and Human Services

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ARGUED APRIL 12, 2010

Before CUDAHY, POSNER, and EVANS, Circuit Judges.

The Meridian nursing home asks us to set aside a final decision by the Department of Health and Human Services that imposed a civil penalty of $7,100 on the nursing home for having violated a regulation under the Medicare and Medicaid provisions of the Social Security Act. 42 U.S.C. §§ 1302, 1395hh. The regulation requires a skilled nursing facility to “ensure that-(1) the resident environment remains as free of accident hazards as is possible; and (2) each resident receives adequate supervision and assistance devices to prevent accidents.” 42 C.F.R. § 483.25(h). The size of the penalty was based on the Department’s further determination that Meridian’s violation of the regulation was “likely to cause… serious injury, harm, impairment, or death to a resident.” 42 C.F.R. §§ 488.301, 488.438(a)(1)(i).

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