Wednesday, March 04, 2015

Ninth Circuit: PLOTT NURSING HOME V. SYLVIA MATHEWS BURWELL

Sufficient evidence for most agency sanctions of nursing home.

Given explicit statutory command, agency need not give operator opportunity to challenge findings before posting on website, but an opportunity for ex post review must be provided.

Concur/Dissent: Court only has jurisdiction to compel review of data that was the explicit basis for these sanctions.

PLOTT NURSING HOME V. SYLVIA MATHEWS BURWELL
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.