9th Cir.;
12-70174
The court of appeals affirmed in part and reversed in part a civil money penalty imposed against a nursing home by the federal Department of Health and Human Services and remanded the action for further proceedings. The court held that substantial evidence supported the Department’s finding that the nursing home violated the quality of care for bed sores where it failed to timely provide pressure relief and low air loss mattresses to a high-risk resident. The court held further that substantial evidence did not support a determination of a violation regarding urinary tract infections where a resident suffered recurring infections even though the nursing home acted on appropriate treatment plans. Finally, the court held that the nursing home was entitled to administrative review of all cited deficiencies, or dismissal of deficiencies that ultimately were not reviewed.
