LIVINGSTON CARE v. U.S. DEPT. OF HEALTH

No. 03-3489.

388 F.3d 168 (2004)

LIVINGSTON CARE CENTER, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2004.


Attorney(s) appearing for the Case

ARGUED: Geoffrey E. Webster, Columbus, OH, for Petitioner. Sheila Ann Hegy, United States Department of Health and Human Services, Office of the Chief Counsel, Chicago, IL, for Respondents.

ON BRIEF: Geoffrey E. Webster, Eric B. Hershberger, Columbus, OH, for Petitioner. Sheila Ann Hegy, United States Department of Health and Human Services, Office of the Chief Counsel, Chicago, IL, for Respondents.

Before: DAUGHTREY and SUTTON, Circuit Judges; COOK, District Judge.


OPINION

COOK, District Judge.

Petitioner, Livingston Care Center ("Livingston") appeals the final decision of the Secretary of Health and Human Services ("HHS"), who determined that it had failed to comply with the Medicare participation requirement of 42 C.F.R. § 483.25(c) between April 20, 2001, and May 10, 2001. This regulation requires skilled nursing facilities, such as Livingston, to provide a prescribed level of medical care and services for...

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