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MIMIYA HOSP. v. U.S. DEPT. OF HEALTH AND HUMAN

No. 02-1952.

331 F.3d 178 (2003)

MIMIYA HOSPITAL, INC. SNF, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, First Circuit.

Decided June 9, 2003.

Attorney(s) appearing for the Case

Blas R. Ferraiuoli Martinez, with whom Carmen Eva Garcia-Cardenas was on brief, for Petitioner.

David A. Rawson, Assistant Regional Counsel, U.S. Department of Health and Human Services, with whom Alex M. Azar II, General Counsel, and Annette H. Blum, Chief Counsel, Region II, were on brief, for Respondent.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Petitioner Mimiya Hospital, Inc. SNF (Mimiya), a skilled nursing facility, seeks review of a final decision of the Departmental Appeals Board (DAB) of the Department of Health and Human Services. The case concerns Mimiya's request for a hearing before an administrative law judge (ALJ) on the imposition of a Civil Monetary Penalty (CMP) by the Centers for Medicare and Medicaid Services (CMS) as a sanction for Mimiya's non-compliance with federal...

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